Very urgent advice nedded on service matter
ankur kumar
(Querist) 01 August 2015
This query is : Resolved
Respected experts,
The facts of my case are as follows, please advice me:
1. My department has a policy that on promotion a person have to mandatorily transfer in other state. As a result i transfered on promotion to M.P.
2. I challange that in CAT but CAT disposed off at admission stage by directing me in 3 days either join at M.P and give representation or remain at present post by forgo the promotion.
3. I appeal it in high court, hc dismiss it saying on transfer there is limited judicial review.
4. I file SLP in Supreme court, and court after hearing upheld HC order and says in order that it cannot excercise discretionary power of granting leave as per article 132 and dismissed it.
5. i come to know that SC held in various cases that dismising of SLP at admission stage means appeal not granted and there is option available to me to file review in high court.
I will file review in high court on the ground that policy is not approved by competent authority that i came to know tomorrow and have documentary proof of it. meanwhile depatment forcing me to go M.P otherwise disciplinary action will be taken.now i have following questions in which i need advice::
a)IS CAT order upheld by HC is presently operational i.e. i can forgo promotion?
B)CAn i write to department that it is my legal right to file review, please approve my leaves or allow me on same post holding my promotion
C) If i forgo my promotion and then file a review in high court and explain to HC circumstances under which i have to forgo like displinary action, not approved my leaves, not giving me salary e.t.c.WIll high court give weightage to that??
I shall be gratful for your valuable advices.....
Sudhir Kumar, Advocate
(Expert) 01 August 2015
You have already gone long ahead on wrong path.
Now expect no mercy of deptt having long finally.
Guest
(Expert) 01 August 2015
Mr. Ankur,
You have already shot the bullet that misfired and cannot return back in to the barrel.
You cannot forego promotion after the issue of order. That is treated as a misconduct and attracts punishment.
Transfer is a condition of service, you cannot challenge that unless you are able to prove transfer to have been made out of some bias or revenge.
By approaching CAT, you have not only spoiled your case, but also would have earned the displeasure of the administration forever for wrongly dragging that in to the court. Case, if filed in HC may also bounce back on you.
SO, YOUR FATE IS ALREADY SEALED.
Rajendra K Goyal
(Expert) 01 August 2015
In such matters, department / seniors / HR would have helped in better way. They could have considered your earlier repatriation to present place after fulfilling departmental requirement of transfer. Now try to earn confidence of your officers to be considered in future.
Sudhir Kumar, Advocate
(Expert) 01 August 2015
Agreeing with Mr Dhingra I will add that forgoing promotion is also a concession and not a right. Deptt can refuse such request and compel you to proceed .
Deptt can also accept refusal of promotion and post you to a worse place in the present rank.
Guest
(Expert) 02 August 2015
Refusal to promotion is considered only if requested before preparation of panel for promotion to be put before the DPC.
