• Promotion

I am an employee of GAIL (India) Limited, Since four years I have deprived from  promotion from Deputy manager to manager besides my ACR rating is very good  . I also given appeal for promotion to chairman 
I am transferred from Delhi office  to Noida office in 2013. Since 2013  I had requested every year at the time APE (ANNUAL PLCEMENT EXERCISE ) for transfer to Delhi office  which is 5 km from my residence presently   Noida office  is far from my residence  I have right hemiparesis (paralysis of right hand and foot) due to brain stroke. It is difficult to communting daily, 
please suggest me some legal advise for promotion and transfer

lalit panwar
GAIL INDIA LTD
noida
E MAIL-lalit.panwar@gail.co.in
Asked 1 month ago in Labour from Delhi, Delhi
1) have you in your representation  to the company  enclosed your medical certificate from hospital that you are suffering from paralysis of right hand and foot 

2) your representation would have been considered in deciding your posting 

3) he Honble Supreme Court in National Hydroelectric Power Corporation Ltd. v. Shri Bhagwan & Others, (2001) 8 SCC 574 held as under:

No government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place since transfer of a particular employee appointed to the class or category of transferable posts from one place to other is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise of power or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals cannot interfere with such orders as a matter of routine, as though they were the appellate authorities substituting their own decision for that of the management, as against such orders passed in the interest of administrative exigencies of the service concerned

4) In Mohd. Masood Ahmed v. State of U.P. and Others, (2007) 8 SCC 150 held as under:

Since the petitioner was on a transferable post, the High Court has rightly dismissed his writ petition because transfer is an exigency of service and is an administrative decision. Interference by the courts with transfer orders should only be in very rare cases. As repeatedly held in several decisions of the Supreme Court, transfer is an exigency of service. It should not be interfered with ordinarily by a court of law in exercise of its discretionary jurisdiction under Article 226 unless the court finds that either the order is malafide or that the service rules prohibit such transfer, or that the authorities who issued the orders were not competent to pass the orders.

4) in your case if you are aggrived by order of transfer file petition before CAT challenging your transfer 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
The Supreme Court held  the government could not deny quota in promotion to those who were appointed to a post under the reservation policy for the physically handicapped. 

A bench of Chief Justice H L Dattu and A K Sikri rejected the Union government's plea to set aside a high court decision ordering that those appointed in government service through physically handicapped quota would also be entitled to reservation while getting promoted. 

3)the SC held  "Why confine the reservation benefit only to the entry level and not for promotion. If a person is disabled, he is always disabled. So, as long as the disability continues, he should continue to get reservation benefits. We feel that these disabled persons should have reservation not only at the entry level but also at the time of promotion."

4) if you have not been granted promotion in reserved quota you can move CAT against your company 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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You can move the High Court through a writ petition to seek directions to GAIL to consider your application for transfer on humanitarian grounds, whereas you may file a separate petition to assail being superseded for promotion. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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please suggest me some legal advise for promotion and transfer


First you have to exhaust the remedies available before you in the form of approaching the top management for this purpose.

First you make written representation to the top management through proper channel and wait for his action or reply. If there is no proper response nor have been intimated about the present status within the time stipulated then you may approach high court with a writ petition seeking the relief desired..
If nothing 
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
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I have disablity certificate of 40% i have joined against diasblity quata you have not given any reply about my promotion.

PH reservation is only for appointed staff and that too only for appointment and not for promotion.
You may go through the rules properly in this regard and revert with details.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0

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