Clarification on service matter
Querist :
Anonymous
(Querist) 30 June 2011
This query is : Resolved
1. In APSEB orders were issued in BPMs.No.178, dt.3-7-1992 upgrading one of the existing posts of Deputy Secretary in Personnel Service as Joint Secretary and the method of recruitment to fill up this post of Joint Secretary is by way of promotion from the cadre of Deputy Secretary. At a latter date as eligible candidate is not available for promotion, the post of Joint Secretary is downgraded as Deputy Secretary.
2. Again in order No.111, dt.18-8-2004 the post of Joint Secretary was revived by converting the post of General Manager (IR) and the method of recruitment is same as mentioned above para. The following conditions were stipulated in the order dt.18-8-2004:-
a) The Joint Secretary post shall be downgraded as Deputy Secretary as and when the incumbent vacates the post either on superannuation or otherwise.
b) The Joint Secretary post shall be filled up as and when one of the Deputy Secretaries become eligible.
3. The above post of Joint Secretary was created at Corporate Officer of APSEB.
4. The post of Joint Secretary is downgraded in the year 2008 as eligible candidates is not available for promotion.
5. On 23-9-2009 orders were issued that the post of Joint Secretary was revived by converting the existing post of Deputy Secretary (Training)and the Deputy Secretary (Training)is at the Training Institute and not at the Corporate Office. Orders were issued that the incumbent working as Deputy Secretary (Training) at Training Institute is promoted and posted against the revived post of Joint Secretary with a condition that the incumbent promoted shall report to the Jt.M.D.(HRD)/Corporate Office. Accordingly the incumbent reported to the JMD(HRD) and assumed charge at the Corporate Office which was accepted on 25-9-2009. After assumption of charge the LPC was issued the Training Institute and pay fixed at Corporate Office based on the LPC issued by the Training Institute. The incumbent is drawing salary at Corporate Office since 25-9-2009.
6. Now the management is saying that the post of Joint Secretary is at Training Institute and not at the Corporate Office.
7. Kindly clarify the following:-
a) legally speaking whether the post of Joint Secretary revived as mentioned at para-5 is at Corporate Office or at Training Institute.
b) If it at the Training Institute as claimed by the management,having accepted the joint report at Corporate Office on 25-9-2009 and also salary being paid all these months at Corporate Office, is it valid now the version of the management that the post of Joint Secretary at the Training Institute.
c) Whether the contention of the management can be contested in the court of law or not. What are the chances.
