service matter related
I am Presently working as assistant professor of civil engineering at government engineering college at gujarat. A GES CLASS ll gazatted post. I joined service on 14-10-2004.
Sir kindly guide me on the following matters.
BRIEF CASE HISTORT IS:
I in compliance with the prevailing rules of Gujarat government went to pursue Master of Enginnering (M.E.) through proper channel during june 2010.
My head office had invited applications for promotion from class II to class I- associate professor from all eligible candidates.
The criteria for promotion is M.E. plus 8 years of service.
Meanwhile the DPC was convened during February 2012 and the promotion orders were issued on 26 September 2012.
5 juniors to me were promoted superseeding my seniority.
I upon passing M.E. exam during June 2012 had applied for promotion in compliance to the head office's invitation of application dated June 2010.
The office had informed me that since I was not having M.E. I was not considered by the DPC.
THE FOLLOWING POINTS ARE NOTEWORTHY:
1. some of the promoted professors had got admitted to M.E. course prior to 5 years of service.
2. for the above DPC the department had exercised their powers to consider those candidates having two-thirds of experience I.e. 64 months Instead of 96 months.
This meant that those who were pursuing M.E. after 2/3 years of service were able to acquire the required M.E. degree before 64 months and thus were eligible for promotion.
Ordinarily it takes minimum 7 years for a bachelor to acquire a M.E. since he/she is allowed to pursue studies only after 5 years of service.
So some professors got undue advantage. In fact the rule of 2/3rd experience was exercised to benefit such professors.
3. Subsequent to promotion orders I applied more than once to my head office to consider my candidature for promotion on the same grounds as were applied in promoting my juniors.
There is no reply till date.
I have come to know that the department is considering ammending/upgrading the recruitment rules which will have PhD degree as qualification rather than the M.E. degree which was observed for the previous promotions.
The department is in no mood to conduct the DPC saying that the recruitmentent rules are being ammended.
I understand that promotion is not my right but should not the department convene DPC when 2 posts are lying vacant. As per Gujarat government circular a DPC is to be convened every year even if there is one vacancy.
Under the circumstances I and as many as 17 other eligible candidates from various disciplines are still being made to wait for the promotion.
I feel that I have been discriminated.
What shall I do?
I through my local office head had applied for PhD course and later as per the written guidelines of my head office had applied in proper format (clearly mentioning that i will be performing my normal duties and shall not ask for any kind of leave or other excuses) for NOC to pursue external PhD from a university established by state act during February 2014.
There was no response for my application but on 19th June 2014 the department had issued a circular stressing all employees to pursue external PhD from state funded university and not from any other university. The said circular clearly ordered all employees to do so whose application for NOC was yet to be answered.
Is this not a violation of my fundamental right to choose.
Neither the department wants me to promote nor are granting me NOC to pursue PhD.
Sir, kindly guide me.
Thanking you in anticipation,