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No of year os service weight age given fotr the purpose of promotion in the next higher

(Querist) 05 March 2015 This query is : Resolved 
*Sir,please let me know-the clear distinction between weightage given for years of service rendered by an employee for purposes of promotion and weightage given for years of service rendered by an employee for purposes of seniority in a grade as per the decision of P.Sudhakar_Rao_&_Ors._vs_U._Govinda_Rao_&_Ors.on 03-July-2013-supreme court of india,

*Actually our friend belongs to Assistant engineer transfered in service Junior engineer.
*The impugned rule of our department reds as follows “A junior engineer appointed by transfer as Assistant Engineer shall be entitled to count one third of the service rendered by him as Junior engineer, prior to appointment as Assistant Engineer subject to maximum of 4 years, as if they had been in the post of Assistant Engineer for the purpose of consideration of Promotion to the post of Assistant Executive Engineer division 1."
*Copy of rule is attached.
P. Venu (Expert) 06 March 2015
Pl. furnish the complete information.
Anirudh (Expert) 06 March 2015
You had already opened a thread on the subject at http://www.lawyersclubindia.com/experts/Sudhakar-rao-ors-vs-u-govinda-rao-ors-july-03-2013-526626.asp#.VPkhdpX9nIU

Therefore what is your idea in opening a fresh thread? Why don't you stick to the same original thread? I think you are switching from original thread as you were asked certain information, which you do not want to provide.
Rajendra K Goyal (Expert) 06 March 2015
Any further query on the subject need be submitted through same thread.
Guest (Expert) 06 March 2015
That means the ratio/quantum of service in the lower post to be added with the actual No. of years rendered in the present position of AE to be considered to be counted as the total qualifying service rendered in the present position for the purpose of consideration for promotion to higher post of AEE. In other words -

1/3 part of JE service + actual No. of years of AE service = total qualifying service of AE for promotion.
B N SURESHA (Querist) 07 March 2015
To: PS Dhingra sir, Respected sir let me know your clarification in the above reply is justifiable as per judgment of P.Sudhakar_Rao_&_Ors._vs_U._Govinda_Rao_&_Ors.on 03-July-2013-supreme court of india,....with regards.
Sudhir Kumar, Advocate Online (Expert) 08 March 2015
this rule can be challnaged by his opponents. He is wrongly benefited by this rule. why should he get benefit of even 1/3 of service in seniority of AE when he was never AE in this period
Guest (Expert) 08 March 2015
Your question was about weightage of service for promotion. That I clarified. Although yoyur question was of academic type, which I normally do not reply, as several supplementary questions do arise, like you have added another query. But still I replied for your knowledge. It is quite irrelevant to refer to any judgment for aimless discussion without knowing your real problem. Any court judgment is not meant for universal application. That depends from case to case. depending upon the characteristics of the case.

If you want my views on with reference to your problem, give complete description of your problem along with your doubt about weightage for arriving at some definite opinion.

However, for your information Conditions of eligibililty for promotion on weightage basis and seniority after selection on merit basis are two different things. If you think to be the same that is your sheer misinterpretation about weightage.
T. Kalaiselvan, Advocate (Expert) 08 March 2015
You may answer the queries raised by expert Mr.Dhingra if you really intend to get proper opinion for your query.


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