Claim of promotion rejected

saurabh aggarwal (Querist) 16 March 2022 This query is : Resolved
Respected members
I'm a state government employee. I'm working in shift system in my office and office orders have been passed for the same by the competent authority. My working hours in shift system are 09.00 p.m to 05.00 a.m everyday. In the mean time i got permission from the competent authority to persue further education via regular mode in shift system and timings of which were 01.00 p.m to 07.00 p.m. Hence my duty timings and study timmings does not clash with each other. Now thereof with matter of time i got eligible for promotion by way of seniority cum merit. But now the department has rejected my claim that you couldn't have persued regular course of study

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A state government employee working night shifts was denied a promotion despite having permission to study during the day. The department rejected the promotion claim, stating that pursuing a regular course of study was the reason. The employee has already filed an appeal, which was also rejected. The advice given is that joining a course, even without permission, shouldn't prevent a promotion, though it might lead to disciplinary action. If the appeal fails, the next step is to consider legal action.

Dr J C Vashista (Expert) 19 March 2022
File an appeal before competent authority.

saurabh aggarwal (Querist) 19 March 2022
Respected @ Dr JC Vashista already did filled an appeal. The concerned rejected it

Sudhir Kumar, Advocate (Expert) 04 December 2022
Joinig a course of study cannot be a justification to deny promotion as long as the same was joined with permission of the deptt.

However even if joined without permission still it cannot be a ground to deny promotion though can be cause of disciplinary action.

Sudhir Kumar, Advocate (Expert) 04 December 2022
If appeal is filed and rejected then move to Court.

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