LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

No promotion for 4 years- acr marked very good

(Querist) 11 August 2017 This query is : Resolved 
Dear sir,
I am working in DRDO, Ministry of Defence as scientist -D. I have been denied promotion for the last 4 years (2014-2017). I had obtained -very good ie above 80% in my ACR and called for assessment in 2014 after completing 5 years residency period. To my surprise ACR which marked 'very good; contradicts my performance in assessment as unfit. Only favored candidate get through the assessment inspite of them having inferior Bio-data. I have also gone on a number of field duty to high altitude which others have not. I recently came across a judgement of the SC on the net
about right to promotion a fundamental right (2014 judgement). Kindly advise me what I should do.
Ms.Usha Kapoor (Expert) 12 August 2017
you AFTER ISSUING A DUE LEGAL NOTICE TO YOUR management FILE A CASE IN CAT ALLEGING ALL THE ABOVE THINGS SUCH AS the management ATTITUDE OF IGNORING YOUR PROMOTION ALTHOUGH YOUR ACR REPORTS ARE VERY GOOD AND IN OTHER WORK RELATED MATTERS ALSO YOUR PERFORMANCE IS PAR EXCELLENCE DESPITE ALL THIS THE management ATTITUDE OF DENYING YOUR PROMOTION WHICH IS A FUNDAMENTAL RIGHT UNDER THE CONSTITUTION U/ART 14 & 21 IS HIGHHANDED, ARBITRARY, UNCONSTITUTIONAL, ILLEGAL AND DISCRIMINATORY. You'd CERTAINLY GET RELIEF IN CAT.

Promotion is a fundamental right according to supreme court as per the following verdict.
http://www.livelaw.in/promotion-a-fundamental-right-says-supreme-court-download-judgment/
Ms.Usha Kapoor (Expert) 12 August 2017
iF YOU APPRECIATE THE ABOVE ANSWER PLEASE CLICK THE LIKE BUTTON.
Ms.Usha Kapoor (Expert) 12 August 2017
iF YOU APPRECIATE THE ABOVE ANSWER PLEASE CLICK THE LIKE BUTTON.
Guest (Expert) 12 August 2017
Your description is quite vague. You have not stated for which year your APAR was made below benchmark and what you did on that aspect.

You will gain nothing, even if you serve any legal notice to the department or go to CAT, if nothing tangible is there with you as an evidence of discrimination or injustice with you, particularly about your grading in ACR. Rather you will be at loss in terms of money along with wastage of your precious time besides losing goodwill with the authorities, once you go to CAT without any solid evidence of discrimination or injustice.

Better discuss the problem threadbare and the action taken so far by you about that, if you desire some purposeful solution.

CAUTION: Please don’t try to click on the link “CLICK TO TALK," as appearing below my ID. That will be waste of your money, as I don't prefer to attend calls if received through this link.
.
Sudhir Kumar, Advocate (Expert) 12 August 2017
You have nos stated whether higher post is selection or non-selection or whether you are candicate of just time scale promotion.

You have also not stated what was the bench mark of the promotion to higher post.

Without this information, it is difficult to examine if at all you have a case fit enough to go to CAT.

You have nor indicate which judgement you are referring which accordng to you sattes that promotion is a fundamental right. So no comments can be made on this aspect.
Ms.Usha Kapoor (Expert) 12 August 2017
On Supreme court decision Regarding promotion is a fundamental right Times Of India had published an Article.:


News Home » India
Promotion a fundamental right, SC says
TNN | Jan 12, 2014, 12.21 AM IST
NEW DELHI: The Supreme Court has said that an eligible candidate has a fundamental right to be considered for promotion against the available vacancy and promoted if adjudged suitable.


The ruling from a bench of Justices AK Patnailk and JS Khehar came as they set aside as "invalid" the order of the Cabinet's appointment committee not accepting the recommendation of a selection board to promote Maj Gen HM Singh as Lt Gen.

Latest Comment
Unfortunately and unethically, every Fundamental rights have been imprisoned in The constitutional books or in the pockets of conspired Political or Elite Classes..............AAM ADALAT

"..., if the appellant was the senior most serving Major General eligible for consideration (which he undoubtedly was), he most definitely had the fundamental right of being considered against the above vacancy, and also the fundamental right of being promoted if he was adjudged suitable," said the bench in a judgment delivered on Thursday.


"Failing which, he would be deprived of his fundamental right of equality before law, and equal protection of laws, extended by Article 14," said Justice Khehar. agencies
Ms.Usha Kapoor (Expert) 12 August 2017
IF you appreciate the above answer please click like button.
Guest (Expert) 12 August 2017
Usha ji,

With due regards, there are certain criteria for eligibility for promotion. Not everyone becomes eligible if he does not fulfill performance related criteria, as depicted though Annual Performance Appraisal Reports of certain fixed periods in Government of India and even in private organizations. Not every case fits in to the denial of promotion of Major General HM Singh, as was the subject matter of the SC judgment. Hope you are well aware that the Constitution of India does not lay criteria for promotion. Promotions are made as per the criteria laid in the recruitment rules for different posts. Unless defect in recruitment rules, as against the Fundamental Rights, are brought forward, the Fundamental Rights laid down in the Constitution of India do not readily come forward to the rescue of the litigant. Any litigation requires evidence of injustice.

Any hit & trial formula can make the querist fail in litigation if he tries, when his own description lacks in several basic facts, what to say of evidence of injustice.

No doubt, injustice do exist there in promotions, but a layman employee does not know, with what requirements of law how she should proceed. The experts are required to guide him in that aspect, not to ask him to straight go to the CAT or HC without any preparation. In legal trial cases, not the lollypops, but real time advice works appropriately. IN SUCH UNPREPARED CASES, AN EMPLOYEE DOES NOT GET JUSTICE, RATHER GETS AFFIXED A PERMANENT STAMP OF INJUSTICE EVEN THROUGH THE COURTS.

For your kind information, I do not hanker after likes or appreciations like several others, but like to share my knowledge, if that can be of any benefit to anyone in any way.
Ms.Usha Kapoor (Expert) 12 August 2017
Thanks and very good Dhingra Ji. You've lofty ideals.
P. Venu Online (Expert) 12 August 2017
You can submit an Appeal/Revision under CCS(CCA) Rules, 1965 against the denial of promotion.
ramesh (Expert) 12 August 2017
There are DRG and promotional quotas, and promotion exercise calls for assessing various criteria.Its advisable to contact a service lawyer with all details, before you initiate legal course.
It's also advisable to consult any of your HR friends to gather first hand information.
Rajendra K Goyal (Expert) 12 August 2017
Show all documents to local lawyer and discuss in detail.
Sudhir Kumar, Advocate (Expert) 12 August 2017
Now let the querist share relevant facts and the experts should utilise their precious energy only thereafter
Ms.Usha Kapoor (Expert) 08 February 2018
I stick to my opinion.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :





Post a Suggestion for LCI Team
Post a Legal Query