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Supersession in seniority on promotion

(Querist) 20 March 2014 This query is : Resolved 
I alongwith my juniors promoted in the year 2008 in the same order. Seniority in feedre cadre was disturbed on promotion by applying the instructions contained in circular issued by my department in the year 2005, which prescribes the selection of candidates on promotion by merit by considering the marks of ACR and interview. That circular is inconsistent with DOPT OM No.35034/7/97-Estt(D)dated 08.02.2002. The said DOPT OM prescribes the promotion with no supersession in seniority of feedre cadre.

Kindly guide me how I get my original seniority.
Please also provide some case laws on the subject matter.
Is the said instructions issued by my department supersede the DOPT OM dated 08.02.2002.

Guest (Expert) 20 March 2014
You may better refer the Recruitment Rules for promotion, which are duly approved by the DOPT only. Else, take help of some expet to analyse the case by providing him with a copy of Recruitment Rules to check with reference to various orders and instructions issued from time to time by the DOPT.
Rajendra K Goyal (Expert) 22 March 2014
Consult a local lawyer dealing in service matters and show him all relevant papers.
Sudhir Kumar, Advocate (Expert) 26 March 2014
subjective query. Cannot be replied usefully without documents.


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