21 February 2010
Mr. Z got recruited on 22.10.1980 as an Industrial Employee(IE) of Ordnanace Factories of India, central Govt employee, from 1980 to 1985 Mr. Z worked in the capacity of the Industrial Worker and then appeared for a Departmental test for LDC (Non Industrial Employee- NIE) in the year 1985 and the Results were declared in the year 1985 and the selection list was created in 1985, and Mr. Z started working on this role effective March 1991.
(a)During this period of 1985-1991 after such results were declared the appointments to the post of the LDC were kept on HOLD internally saying that there were no positions available for the same, However during the same period for similar post of LDC compassionate and open hiring at this specific factory location was made from outside as fresh recruitments. Does a suit lie?
(b) As on date the direct hires from outside during this period of 1985 till 1991 who have been hired after the declaration of the LDC result of internal candidates and whose promotions were on HOLD for want of positions, hence the direct hires currently are seniors to the internal hires on this position. Do a suit lie for seniority of internal candidates and also for the financila loss effected due to this hold of position for 7 years both 1985-1991 included.
27 February 2011
Yes, you can file a suit for your proforma promotion with effect from the date from which direct recruit was hired after result of your promotional exam was declared and also claim restoration of your seniority from that date.
But, before resorting to the legal recourse, must first check about the number of vacancies existing in the cadre for each year and the no. of direct candidates recruited against those posts.
PS Dhingra Chief Executive Officer Dhingra Group of Management & Vigilance Consultants New Delhi-110089 Mobile: 09968076381 [firstname.lastname@example.org]