Civil Procedure Code (CPC)

Promotion after reversion

This query is : Resolved 

Online (Querist)
21 June 2021

I was posted as a Junior clerk in District Court since 2013. After that I was transferred to Family Court in 2017. There I had passed higher examination in 2018. I got promotion as senior clerk in 2019. After that in 2020 due to abolishment of post I was demoted to junior clerk again. But after 3 months only the post was resumed of senior clerk. But till today I was not resumed as a senior clerk by the authority as they are saying that you are not eligible as you are downgraded in gradation list. So I just want to know that do I lose the position in gradation list due to reversion ?

kavksatyanarayanaOnline (Expert)
21 June 2021

Consult other seniors of your department. If you have not satisfied, you may put an appeal to the higher authority of that court to consider your promotion. The state rules are different from one state to other states.

Dr J C VashistaOnline (Expert)
22 June 2021

The post of senior clerk, where you were selected (but not resumed) is stated to have been abolished, in such circumstances, the authorities have no option but to continue you in the same grade of lower division clerk, which can not be termed as "demotion" hence there is no infirmity / grievance or dispute.

ashok kumar singhOnline (Expert)
22 June 2021

agreed with views of earlier experts, therefore no further comments, so far.

Shashikant V. PatilOnline (Expert)
22 June 2021

You may study and go through your departments rules and regulations in respect of promotions policy . If there is injustice, you may file grievance to higher authority.

Sudhir KumarOnline (Expert)
23 June 2021

given facts indicate that you were never promoted so there is no reversion.

even if reverted due to establishment of post (before completion of probation in higher post) you do not lose point in old seniority list because your name was not deleted.

Sri Vijayan.AOnline (Expert)
23 June 2021

Your seniority continues in LDC only.

T. Kalaiselvan, Advocate Online (Expert)
24 June 2021

If the abandoned post of senior clerk was restored after three months but you were not given relief of promotion after having been demoted on this ground, you may first give a representation to the authorities concerned seeking its intervention and to give you the relief of restoring your promotion to senior clerk since the post has again been restored.
If your representation fails to fetch you the desired relief, you may approach the State administrative tribunal with an OA seeking relief and remedy.

Abhishek ShastriOnline (Querist)
25 June 2021

Thank you all for reply. I just want to add that when I was transferred to Family Court in 2017 I was below to 3 people in gradation list. But when I was promoted as senior clerk in 2019 I was ahead of those two people in gradation list. Now after reversion I am downgraded to those 2 people in gradation list and meanwhile they both have passed the higher examination. Now authority is saying that those 2 people are eligible for promotion as you are below them in gradation list. So I just want to know that do I lose the position in gradation list just because of reversion?

Sudhir KumarOnline (Expert)
27 June 2021

now you are giving facts on installment basis and complicating view already formed. Better meet a lawyer with all available papers including recruitment rules for the higher post from where you were reverted.

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