Re promotion
kumarjainn
(Querist) 20 November 2011
This query is : Resolved
sir
Is there any supreme court ruling which says that if the promoted employee was eligible for promotion from few years back but could not get the promotion earlier due to govt's fault of not following the statutury eligibility criteria then the promotion will be made effective from retrospective effect without again going through the assesssment process.
example
Due to voilation of statutory rules an employee was promoted in the year 2001 instead of 1998. If he has to be considered for 1998 has he to again appear for assessment for promotion or his promotion for the year 2001 will have to be honoured for promotion w.e.f.1998. Can you give some supreme court ruling .
Isaac Gabriel
(Expert) 21 November 2011
If the fault was of the employer, you can get retrospective promotion.
kumarjainn
(Querist) 21 November 2011
sir
thanks
the ruling is true where the procedure for promotion in the department is based on assessment of ACR(i.e. following DPC system of promotion) and/or after attending some course.
In our department there is a FCS system of promotion i.e. situ promotion meaning that post is upgraded.
If we obtain average 60% marks in last five years ACR then we are directed to appear before the Interview assessment board for assessement. If the interview board recommends us fit for promotion then only we are granted promotion. thus two tier system.
As the department has changed the statutory eligibility criteria 0f 60% marks to 80% marks by executive letter I was not directed to appear before the assessment board,1998 for interview as i had obtained average 78% marks . I represented in court. in the meantime i was recommended for promotion by Interview assessment board 2001.
perhaps under the impression that our department follows DPC system the court has given a ruling to honour my promotion for the year 2001 and gave me promotion with retrospective effect 1998. Case no. WP(C)4545/2000 delhi high court
But the department feels there is an error and process of interview cannot be skipped and called me for assessemnt interview , 1998, Though the board did not take my interview but has declared me not yet fit for promotion for the year 1998.
Due to departments fault I was not considered for promotion in the year 1998.
But interview is in the hands of department
and they can fail me.
Is there any supreme court ruling which says if I have been promoted in the year 2001 on the recommendation of the Interview assessment board,2001 then if i have to be considered for promotion from 1998 then process of interview has to be skipped and promotion is to be granted by honouring the interview result of 2001.
kumarjainn
(Querist) 21 November 2011
sir
I have got one reference in which CAT Delh
has granted excemtion to Mr. L.C. Jindal OA NO. 1842/2004 from appearing from interview for consideration of promotion with retrospective effect. This excemption was sustained vide high court delhi in case No. WP(c) 11861/2005 and was implemented by the department after Contempt Petition in CAT. But i do not know under what circustances the court has given excemption. The review DPC was held after the petitoner had retired but his promotion was due before his retirement.
Both these judgemnents are not availabe in the site. Can you pl. arrange to send me a copy of this judgement. it may be of help to me.
