Service matter

sanjay (Querist) 10 December 2011 This query is : Resolved
one of my friend who is working in the PWD state government office. As per some decisions of State govt he got ad-hoc promotion as a enginner under PWD dept in the Nov 2010 for 11 months without any recruitment Rules. In that 11 months office also not created any recruitment Rules within 11 months. he is qualified person. now state government is reverting back him under old post.

so in the view of natural justice what will be remedy available with him?

can he approch Maharashtra Adminitrative Tribunal against the reversion order ?

is any same case citation is available for ready reference ?

can govt revert him back in the December month i.e after 13 months ? (originally it was for 11 months ??

waiting for the reply soon ....

regards

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 11 December 2011
Your friend is not going to take any benefit in the given circumstances when there are no favouring rules available for him in the department and adhoc appointment cannot be regularised without specific order of State.

Guest (Expert) 11 December 2011
Promotion on adhoc basis can be terminated any time without notice. There is no restraint if your friend wants to approach MAT, provided the post still exists and none else is senior to him in cadre, as well as there is no disciplinary case pending against him.

sanjay (Querist) 11 December 2011
as per draft requitment rules he is qualified the said post . . .There is no other person to get available for said post also no diseplenry action has been taken on him what wil be the remdies for him under natural justice

prabhakar singh (Expert) 11 December 2011
But what was the initial order of promotion as generally after a decision is taken to promote a Government servant on an ad-hoc basis, an order of promotion may be issued making it clear in the order itself that:

1]the promotion is being made on purely ad-hoc basis and the ad-hoc promotion will not confer any right for regular promotion; and

2]the promotion shall be “until further orders”. It should also be indicated in the order that the Government reserve the right to cancel the ad-hoc promotion and revert at any time the Government servant to the post from which he was promoted.

Guest (Expert) 11 December 2011
If the post is available, and none other officer is senior to him, he may approach the State Administrative Tribunal for justice to claim promotion and also can get direction from the Tribunal for expediting finalisation of Rules of Recruitment. In the meanwhile some one should ask the PWD under RTI to intimate cause of reversion and keeping the post vacant. That may also help in the case with Tribunal.

Shonee Kapoor (Expert) 11 December 2011
Agreed with Ld. Dhingra Ji.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

jeevan1950 (Expert) 12 December 2011
Yes if any promotion has taken place as Mr Dhingra says then u can approach tribunal

Guest (Expert) 12 December 2011
@ Shonee ji and Jeevan,

Thank you for endorsing my views please.

sanjay (Querist) 12 December 2011
Thank u so much

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries

Service matter

Similar Resolved Queries :

Download LCI APP

Our Network Sites