• Regarding promotion

Dear Sir
                 I have been recruited at the Post of Junior Engineer (JE)  after the selection from HP Subordinate Services Selection Board , Himachal Pradesh (HPSSSB) in the year of 2009. The minimum qualification criteria for the post of JE was Diploma.  I posses a B. Tech Degree in Engineering before joining the above Service. I was at the top of the merit list. 

        But there are two feeding categories for the promotion  next post  i.e Assistant Engineer(AE).
1) the JE's who posses B.Tech or its equivalent degree before joining the job.
2)  the JE's who completes  B.Tech or its equivalent degree after joining the job.
     Some of the JE's were perusing their B.Tech or AMIE degree during their service  and completed the same recently and got promoted through the 2nd feeder (as mentioned above) category
             
            But they are very junior to me in the JE seniority list. Is it justifiable that a Junior to me got promoted before me. What should I do?

Regards
Vicky Sharma
Asked 3 years ago in Civil Law from Shimla, Himachal Pradesh
you have to go by your rule book
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

1. Is BE degree the only criteria for getting promotion to the post of AE?

2. If yes, then certainly injustice has been done to you,

3. File a Writ Petition before the High Court praying for a direction upon the authirity to promote you with retrospective effect with all reear payment.
Krishna Kishore Ganguly
Advocate, Kolkata
14448 Answers
326 Consultations

5.0 on 5.0

You can file writ petition in High court against injustice meted to you and seek direction for your promotion from due date with all consequential benefits/arrears.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.8 on 5.0

Was there a written exam and/or interview for promotion to the post of Assistant Engineer? If so, then based on the performance in the written exam and/or interview those JEs who were juniors to you might have been promoted or else some of the promotees may belong to reserved categories. If you think that injustice is meted out to you by your employer, file a petition in State Administrative Tribunal/ High Court to seek direction to your employer for your promotion with retrospective effect, with all consequential benefits flowing from the date your juniors were promoted and to place your seniority above them.
Shashidhar S. Sastry
Advocate, Bangalore
1368 Answers
79 Consultations

5.0 on 5.0

1) it is better you contact a local lawyer . criteria for promotion as per guidelines framed by institution need to be gone into . 

2) before proceeding legally and filing  a writ petition challenging promotion of those junior to you do talk to your seniors as to basis they were promoted . 

3) whether these juniors belonged to reserved category . 

4) dont take any hasty decision
Ajay Sethi
Advocate, Mumbai
31062 Answers
1701 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer