Advice regarding promotion on the basis of departmental exam
We the five no. junior accountants, appointed in Haryana Vidyut Prasaran Nigam Ltd. during November 2010. The relevant paras of the Recruitment & Promotion Policy of Audit & Accounts Wing are para 4.3, 4.4 and 4.5 and the same are reproduced below:
“4.3 : Remaining 50% posts, shall be filled-up by promotion from amongst Accountants on seniority-cum-merit basis and having passed Departmental Examination as prescribed by the Board. In case, qualified Accountants, are not available for appointment as Divisional/Revenue-Accountants, Junior Accountants/Accounts Clerk having passed Departmental Examination as prescribed by the Board, shall be considered for promotion to the post of Divisional/ Revenue- Accountant, on seniority-cum-suitability basis.
4.4. (with amendments/additions) The following categories of employees will be eligible to appear in the Divisional/Revenue Accountants/Section Officers (Part-I) Examination:-
a) Apprentice/ Divisional/ Revenue Accountants
b) Commercial Assistants/ H.O.Assistants
c) Junior Accountants
d) Qualified UDCs
e) LDCs who have passed the Departmental Accounts Examination for Ministerial Estt. but have not so far been promoted as UDCs.
f) LDCs who have served for 10 years as LDCs but have not so far cleared the Departmental Accounts Examination for Ministerial Estt.
g) Meter Readers and Junior/Sr.Scale Stenographers who have cleared the Departmental Accounts Examination for Ministerial Estt.
h) Officials who have already obtained exemption marks in one or more papers of Divisional/Revenue Accountants Examination, Section Officer/Part-I Examination.
4.5. The seniority of Accountants for promotion to the post of Divisional/Revenue-Accountant, shall be determined from the date of passing the Departmental Examination as prescribed by the Board for the post of Divisional/Revenue-Accountant.”
Presently the posts of Accountants and Account Clerks have been abolished. We have qualified the Departmental Exam in April 2012 but we are not promoted till date. On the other hand, one assistant (who had qualified exam along with us) and one Upper Division Clerk (who had qualified exam in next batch) have been promoted.
Being aggrieved, we filed CWP 16872/2014 in Pb. & Haryana High Court but no relief was received. The Hon'ble court only ordered on the basis of reply of the Department that a new promotion policy should be framed for Junior Accountants.
Sir/Madam, in clause 4.3 it is very much clear that in case qualified accountants are not available, the post of Divisional Accountant will be filled amongst Junior Accountants/Accounts Clerks only on seniority cum suitability basis who have qualified exam. Clause 4.4 of the policy provides that other categories of employees can only appear in exam. Moreover there is no where mentioned any other criteria for considering suitability for promotion. We have also qualified the SO Part-II exam.
Sir/Madam, we seek your expert advice whether our case is fit for double bench or not keeping in view the promotion of UDC and assistant and promotion policy clauses. The management is going to frame new policy in which the seniority for promotion of junior accountants will be considered the original seniority at the time of appointment as Junior Accountant. In such case, the candidates who were ortherwise senior to us but have passed exam after us in 4th or 5th batch will get promotion before us. Please also provide information regarding expert advocate(s) for this case in Chandigarh.