Promotion under sealed cover procedure
D Nanda Kumar
(Querist) 14 February 2017
This query is : Resolved
JGD
1.Worked in nationalised Bank for 39 years and retired in March, 2010
2.Got promoted from Scale I to II in April, 1993 but result held in sealed cover due to pending case in CBI Special court, Mumbai.
3.Applied for promotion from Scale II to III conducted in 1998 but denied opportunity due non release of promotion on adhoc basis.
4.Got acquitted on merits by the Court in March, 2014 (after retirement).
5.The Bank has released the promotion held in sealed cover with notional effective date of April, 1993 with due benefits now in January, 2017.
6.Subsequent to that I have claimed that the Bank should consider my promotion from Scale II to III which was denied to me in 1998 based on my ARRs which are excellent during the period relevant to that period (it is in fact excellent throughout till retirement which has been admitted to by the Bank).
I want to know:
1.Whether my claim is as per provisions of sealed cover procedure?
2.Is there any decision in the High Court/Supreme court to support my claim?
3.If the Bank does not consider, whether I can approach a court and how?
4.If I get the said promotion released with notional back date can I claim further promotions on various future dates?
Guest
(Expert) 14 February 2017
Review DPCs are a must for selection for further promotions from Scale III to onwards.
Any expensive and time consuming effort through court cases may go futile without following promotion processes through departmental promotion committees, as sealed cover for promotion from scale II to III bears no relevance for promotions to higher scales than scale III.
D Nanda Kumar
(Querist) 14 February 2017
But my claim now is for promotion from Scale II to III to start with. My opportunity for appearing before DPC in 1998 was denied because of non release of promotion on adhoc basis.
Guest
(Expert) 14 February 2017
For whatever scale be, recommendation in sealed cover is effective only for the promotion to the relevant scale for which the promotion committee was constituted. For all next scales/ stages, only duly constituted promotion committees for each individual promotional scale .
D Nanda Kumar
(Querist) 14 February 2017
My claim is that the bank now constitutes a DPC for considering the promotion held in 1998 for participating in which I was denied opportunity and decide my eligibility based on ARR only as now I am retired. They failed to release my promotion on adhoc basis in which case I would have appeared then and my eligibility decided by DPC (but again kept in Sealed cover).
Sudhir Kumar, Advocate
(Expert) 15 February 2017
read.
y9ou have been given one promotion retrospectively after opening of sealed cover.
Thereby you enter the serniority list of the post retrospectively and the input beofre the DPC which could not consider you for scalee III stands revised and review DPC is your right.
Mr Dhingra has rightly observed that litigation may amount time and money. please see if this remedy is available departmental. In any case you need to represent to the deptt before moving to the court.
sub it a well drafted representation.
You bank CDA rules must be having a provision for appeal against misrepresentation of the rules.
D Nanda Kumar
(Querist) 15 February 2017
Thanks a lot for the prompt response.
There was no DPC which opened the sealed cover. Threatened by Contempt of Court Writ filed by me (which is still to be heard) the bank paid the arrears with out even informing me the release of the promotion in writing. After accepting the payment under protest and without prejudice to my rights under the writ filed, I have asked them to review my eligibility for the next promotion but there is no response. I don't know whether I will get releif for my claim in the writ.
Sudhir Kumar, Advocate
(Expert) 15 February 2017
"There was no DPC which opened the sealed cover. Threatened by Contempt of Court Writ filed by me (which is still to be heard) the bank paid the arrears with out even informing me the release of the promotion in writing. "
You are now introducing new facts.
Are you taking test of the experts?
You are also giving new facts vaguely. what is the contempt against which order of which court granting which relief.
There cannot be any useful advise unless full facts are introduced.
D Nanda Kumar
(Querist) 15 February 2017
Respected Sir, I had posted the full details but the opinion was that it was very lengthy. I had obtained an order in 2008 under case no 1614 of 2008 from the High court of Mumbai which in short ordered release of promotion held in cover on adhoc basis prospectively and said that the bank should consider the promotion as per terms of seaeld cover procedure on acquittal from the date of promotion. After the acquittal in 2014 the bank did not do anything and contempt petition was filed in 2015 which is still to come up for hearing and now in 2017 the bank released the arrears. i am claiming the next promotion from 1998 as my juniors were called.
Sudhir Kumar, Advocate
(Expert) 16 February 2017
In that case you have been promoted on ad-hoc basis (which is never retrospective) during the case and you are yet to enter the seniority list of Scale.II.
It is understood that now you are acquitted and staking for both the promotion for which you have filed a contempt petition which appears to be partially redundant.
It is now apparent that bank omitted to fellow sealed cover procedure and will now be required to conduct review DPC.
more detailed views can be expressed on seeing all the papers (about 10 Kg by now).
D Nanda Kumar
(Querist) 16 February 2017
Sorry sir:). Thanks for taking interest. I hope that I get the relief in the contempt of court case instructing the Bank to have review DPC for promotions denied to me by the bank due to not releasing the first promotion on adhoc basis despite recommendations on five occasions till 2008.
Guest
(Expert) 16 February 2017
Dear D Nanda Kumar,
Since your description is changing frequently, I think, you may first ascertain the real position about your promotion case, whether on adhoc basis in scale-I to scale-II or on regular basis on the basis of recommendation in sealed cover, and also whether there existed DPC recommendations on five occasions till 2008, as you stated, "due to not releasing the first promotion on adhoc basis despite recommendations on five occasions till 2008."
Instead of groping in the dark, it would be better to get your documents examined and analysed to ascertain the correct position about your promotion case.
I don't think you can get any relief if you try to strike in thin air that too in dark, instead of getting at hand the hard facts of the case in all respects.
Guest
(Expert) 16 February 2017
Further, Review DPCs can also be conducted only if the management is fully convinced with facts of the case, rather than representations or court cases merely on hit & trial basis, irrespective of whether you attach hundreds of previous judgments of the High Courts/ Supreme Court, unless there is any similarity of nature, circumstances and the characteristics of your case with any other such judgment case.
As you have asked, ".Is there any decision in the High Court/Supreme court to support my claim," by the way, how any of such cases can help you when you are not able to know the realities of your own case vis-a-vis the records of DPCs?
Moreover, it is your own lawyer's job to search for the relevant judgment and to think, whether he can get any relief for you on the basis of any such judgment that too after knowing the complete background details of your case with reference to the CBI case.
.
D Nanda Kumar
(Querist) 16 February 2017
Thank you sir. I have got all the documents of the review meeting findings since 1995 duly obtained thro' RTI act, 2005. I know I am fighting against a powerful opponent who DID not care to adhere to the provisions of sealed cover and render justice to me for 24 years by keeping the promotion in sealed cover for 15 years, refusing to give adhoc promotion despite recommendations thereby putting an end to my future promotions (till High Court order in 2008) and now releasing it on regular basis partially despite being under threat from Contempt of court proceeding.I seek all of your blessings to make them realize their folly. I feel better when these things are shared with liminaries in the field like you.
Guest
(Expert) 16 February 2017
My best wishes are with you.
Guest
(Expert) 17 February 2017
You are welcome.
Rajendra K Goyal
(Expert) 18 February 2017
You can move to court for claiming promotion, it is time and cost consuming affair with uncertain results.
Show all documents and discuss in detail with senior lawyer in service matters.
D Nanda Kumar
(Querist) 19 February 2017
Yeah sure. I am waiting for some relief under the Contempt of Court Writ which is to purge the Contempt by granting all benefits both promotional and monetary to the me as if I was never denied promotion and other benefits by virtue of the prosecution launched by the bank in terms of the service Regulations which will make them consider for promotions further to release of the one that was kept in sealed cover. This is based on the direction in the Judgement in 2008 that if I am acquitted of the charges the promotion has to be considered in terms of the rules pertaining to sealed cover procedure at that time. Tks.
