How to challenge regarding a promotion
AJIT KUMAR SATAPATHY
(Querist) 01 December 2011
This query is : Resolved
dear sir,
please guide me regarding the legal provisions of any promotion in service in an organisation of govt undertaking of one who is actually a junior fellow?
e.g. x is senior to y. but it is found that y got the promotion first.now what are the legal options for x to challenge regarding such a wrongful act.
Guest
(Expert) 01 December 2011
In most of the Government organisatrions, selection for promotion depends upon anuual confidential report grading of the employees based on the individual performance of the individuals, or the criteria of reservation of posts for the candidates of the SC/ST/OBC categories. Another reason for non-promotion can be the pending disciplinary action against the senior employee.
Thus, juniors can get preference in promotion over the seniors in certain cases.
On merits of the case, you can approach the CAT for justice.
AJIT KUMAR SATAPATHY
(Querist) 01 December 2011
thanx a lot sir, please guide me the procedure as the same question was asked in one judicial service exam.
Guest
(Expert) 01 December 2011
There is no similarity in every case. All depends upon circumstances and the background of the case. All the promotions are guided by different set of recruitment rules, criteria of grading, seniority, prevalent biases, etc. So, process can differ from case to case.
However, in general, you will have to first exhaust the official channels by preferring appeal to the comptent authority based on merits of the case and the irregularities noticed in the selection process. Thereafter, if no justice is bestowed you can approach the CAT or HC, as the case may be.
Rajeev Kumar
(Expert) 01 December 2011
Agree with Dhingra JI
mahendrakumar
(Expert) 02 December 2011
1) You may make an appeal to the departmental head in the matter.
2) You can also use rti also on the matter.
Advocate. Arunagiri
(Expert) 02 December 2011
The promotions are made not only based the seniority. Some times additional academic qualification may also be considered.
At the same time the promotions may be declined based on pending litigations and so on.
Raj Kumar Makkad
(Expert) 03 December 2011
Nothing remains to be added in the thoughtful reply of Dhingra G.
