Eligibility for promotion
K.S.Srinivas
(Querist) 12 May 2012
This query is : Resolved
Departmental Promotion Committee was held on 4-12-2011 for promotions to the cadre of UDC. As per the seniority certain candidates were promoted. On 21-4-2012 the seniority list of LDCs was revised with retrospective effect ie., w.e.f. 1-9-2011 based on the High Court orders. As per the revised seniority list prepared on 21-4-2012, one of the promoted UDCs is reverted as LDC as he was not getting his turn as on the date of (4-12-2011) of DPC based on the revised seniority list. Now review DPC is convened on 11-5-2012 and no decision is taken as there is a doubt about the eligibility criteria and the position is as follows:-
One of the LDCs who was overlooked on 4-12-2011 due to non passing of departmental test has passed the same between 4-12-2011 (original date of DPC) and 21-4-2012 (the date on which revised seniority list prepared) can be considered for promotion or otherwise.
It may kindly clarified the following:-
The LDC who was not qualified as on the date of original DPC i.e., 4-12-2011 and who subsequently qualified due to passing the departmental test after 4-12-2011 and before 21-4-2012 (the date on which revised seniority list drawn) can also be considered along with other for promotion in the review DPC which is held on 11-5-2012.
OR
Only the eligible candidates as on 4-12-2011 (the original DPC date) can be considered for promotion in the review DPC which is held on 11-5-2012.
Sudhir Kumar, Advocate
(Expert) 13 May 2012
Eligibility is decided as on the 1st January preceding the date of vacancy (unless osme other provision exists in the recruitment rules.
If any input to the DPC is changed as in this case by revision of seniority list by court order then review DPC is to be held. The person who has lost seniority can be reverted if not finding slot in review DPC due to fall in seniority in revised list.
As per FR 31A adn Govt instructions thereunder even the extra salary paid to him by virtue of this promotion can be recovered.
Guest
(Expert) 13 May 2012
Mr. Sudhir,
You may probably need to review 3rd para of your reply about recovery of salary paid to emplyee.
K.S.Srinivas
(Querist) 13 May 2012
Dear experts,
The LDC whose turn has come up in the seniority at the time of original DPC i.e., on 4-12-2011 was not considered for promotion as he did not pass the departmental test. This LDC passed the departmental test held in the month of March 2012. Can he be considered for promotion in the review DPC now (11-5-2012)convened?
Guest
(Expert) 13 May 2012
Dear Srinivas,
Since the Review DPC is convened on the total upset of the seniority list by virtue of a court's judgment, the entire earlier panel for promotion should be deemed to have become null & void. Now since the Review DPC is conducted on formation of a fresh panel with revised seniority list, according to my opinion, the revised panel should also include the name of the LDC for promotion, he having already cleared the departmental examination on the date of Review DPC.
The court order would become a boon in disguise to the said LDC.
