INSTEAD OF PROMOTING AUTHORITIES POSTED OFFICERS FROM OTHER DEPTTS. ON DEPUTATION

Querist : Anonymous (Querist) 30 December 2010 This query is : Resolved
Respected Sirs,
Some time in the year of 1982 the state govt.by a Gazzett notification reserved all the class I & II posts of it's undertakings for MBA degree holders included in the Management Pool which was created by the govt.after a tough selection process.
Being an MBA I was also included in the pool after facing the selection process and later on by a High Court's order my services were absorbed on AVAILABLE Class II post.
The said notification which also prohibit p0sting/deputing non MBAs was reiterated by various other circulars/notificatios in later years.
Now I've completed more than 10 years hence requested the authorities to promote me on next higher post in the hierarchy.
My petition is illegally rejected by the authorities on the ground that(1) the above mentioned circular is old,(2)it was for the purpose of appointments and not for promotion,and(3)these posts are for deputationist.

Now sirs is it justified to say that the framed rule/regulation becomes older(!),appointments to a post does not include promotion and also are they justified in posting generalist officers on deputation by violating the relevant circulars prohibiting deputationist, even when the well experienced professionally qualified officers are available within the organisation.
Sirs,please guide me that whether the action of the authorities in rejecting my claim does not amount to denying my rightful claim to be promoted to the next higher post ;whether filling up the said post by deputationist does not amount to clear invasion of my basic and valuable rights guaranteed to me under service jurisprudence ;is it not the voilation of the principle of legitimate expectation ;keeping me stagnating on a post for such along time is not unjustified.

Sirs,please guide me ON the legal remedies available to me, citing some reported orders of the apex court.

WITH SINCERE REGARDS.

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R.Ramachandran (Expert) 30 December 2010
Dear Anonymous,
If it is a government organization, there would certainly be Recruitment Rule for the post which you have mentioned, wherein all the details about how the post will be filled would have been specified.
Please try to get a copy of the relevant recruitment rule and go through the contents. Only then one can be sure whether the actions of the authorities are correct or wrong.