Promotion denied
NewService
(Querist) 27 January 2017
This query is : Resolved
Hello Sir/Madam,
I joined a central service in 2012 and resigned from the same in June.2016 to join another central service. I was eligible for promotion to the next grade w.e.f. 01/04/2016. But just after I left the department (early June, 2016), our whole batch was promoted in the next week. The DPC for considering promotion, met just a day after I had left the department (which they should have completed before 31st March, 2016 as per DoPT's instructions) and did not consider my name for promotion.
Hence, I lost on to a higher pay scale and my pay in the new service got protected at much lower scale. This is causing me loss of around Rs. 10000/ every month.
What can be the remedy? GFR 267 has a provision for retrospective sanction. Would that apply here? How to proceed in this matter.
regards
Guest
(Expert) 27 January 2017
Forget that. Your case does not pertain to denial of promotion, as you were not in service on due date of promotion.
The referred Rule pertains to revision of pay with retrospective effect, not for promotion.
Once employer-employee relations are severed by resignation, no claim for promotion of the ex-employee rests on the employer.
Sudhir Kumar, Advocate
(Expert) 28 January 2017
You were perhaps in the service of old deptt on the due date of promotion.
In case all your mates promoted retrospectively and given pay retrospectively then you may have a case. please come with this fact.
Guest
(Expert) 28 January 2017
Usha ji,
Thanks for agreeing with me.
NewService
(Querist) 28 January 2017
Thank you for Sir and madam for replying to my query...
Mates were not given retrospective promotion..but probably the DPC was delayed till my resignation..(it's a technical resignation, still on lien)
Due date for promotion was: 1st April, 2016
DPC was to be held before: 31st March, 2016
DPC actually held in: June, 2016
Can't there be any remedy for late DPC?
Sudhir Kumar, Advocate
(Expert) 28 January 2017
You hve not replied my question.
You were very much in service on the date of vacancy.
but but but
have your peers been given any financial benefits since April 2016 based on retrospective promotion?
NewService
(Querist) 28 January 2017
No Sir..they have been given from prospective date only..
then I suppose my case will not stand..despite the DPC being delayed.
Guest
(Expert) 28 January 2017
Promotion can only be with effect from the date of joining the higher post, if deemed promotion is not considered from the date of holding of DPC, by issue of specific order, whichever is earlier, but not from the date earlier than the date of DPC.
Your case does not fall on any one of the two dates.
NewService
(Querist) 28 January 2017
Thank you sir for answering me..
then I wonder that anyone can selectively apply rule and exclude somebody..
without adhering to DoPT's OM 22011/4/2013-Estt.(D) Dated 28/01/15 and 22011/9/98-Estt(D) dated 14/12/2000.
In this regard, I would quote the following:
Judgment of the Honble High Court of Delhi in W.P. ( C) 5549/2007 Dr. Sahadeva Singh Vs. Union of India. The relevant part of the said judgment reads as under:-
"Had the respondents adhered to the time schedule laid down in the Model Calendar, the petitioner would have been considered for promotion, for the vacancy year, 2005 sometime in the year 2004 and since he has been found fit for promotion, had the DPC been held in the year 2004, he would have been granted promotion w.e.f. 01.01.2005 which was the crucial date to determine the eligibility for the vacancy year 2005. For the reason stated hereinabove writ petition is allowed by directing the respondents to treat the petitioner promoted as Dy. Commissioner (Crops) w.e.f. 01.01.2005".
Guest
(Expert) 28 January 2017
Mr. Anonymous person in the name of new service,
I was well aware of the academic nature of your question, when you stated, "you were eligible for promotion to the next grade w.e.f. 01/04/2016. But just after I left the department (early June, 2016), our whole batch was promoted in the next week. The DPC for considering promotion, met just a day after I had left the department."
But a pertinent question arises, why could not you wait for the DPC before you decided to leave the department in June, 2016?
Further, model Calendar for DPCs is a guideline, not rule, for holding of DPC. More so, the stated DOPT instruction nowhere provides for backdating promotions earlier than the date of DPC.
However, if there is even a slight truth in your story, you are free to make complaint to the competent authority about the irregularity or to file a case in the competent court of law for justice, if you feel injustice. But rest assured the DOPT has no power to approve promotions from back date prior to the holding of DPC. Even court is not likely to direct the department to make promotions from the date prior to the date of holding of DPC.
