Promotion from feeder cadre
Guest
(Querist) 21 February 2020
This query is : Resolved
ratio of 60:40 in promotion to the post AEE from the cadre of AE and JE of two different feeder cadres... as results of which AEs who are senior to JE would be meted out with injustice...
Junior will get promotion along with seniors and will get early promotion than his seniors... how will that be considered justice??
The feeder cadres to the post of AEE by promotion is AE with 3 years Experience and JE with 5 years Experience.
There is the provisions which earmarks percentages of posts in the ratio of 60:40 (Sixty percent from AEs and 40 percent from JEs) in promotion to AEE Electrical Post in City Corporation
from the above rule Promotion to the Post of Assistant Executive Engineer (Ele.)(Class-I) from Junior Engineer (Ele.) (Class-III) by Passing Intermediate Post of Assistant Engineer (Ele.) (Class-II)
AE joins to service on 07.12.2016
JE join to Service on 07.12.2017
Let us consider for the sake of argument promotions to AEE Electrical would be given on next day after completing the required no. of years in service for promotion i.e. 08.12.2019 for AEs and 08.12.2021 for JEs As per C&R rules 2011 of City Corp.
Total sanctioned posts of AEE(E) is 10, Out of which for promotion from two different Cadres to be earmarked at the ratio of 60:40 to AEs and JEs respectively,
On 08.11.2019 Rank 1-6 of the final Seniority list of AEs cadre would get promotion and 1-4 from JEs cadre would get promotion to AEE(E) Post.
It’s worthwhile to note that, If no eligible JE who has put in service of 5 years is available at the time of promotion the share of JEs would be kept undisturbed as per quota rule till the next round of promotion
JE who joined to service on 07.12.2017 will be become eligible and once satisfy the service conditions he will get promoted on 08.12.2022.
AEs with Rank 7-13 will have to wait for the next round of promotion i.e till 08.12.2022 the AEs and JEs who got promoted to AEE(E) in the first round get further promotion to EE Post that is after 3 years till AEE(E) Post fall vacant.
Hence, by then it would be 6 years of service to AE and 5 years to JE who had joined an year later than Graduate AEs, now JE is eligible for AEE (E) promotion and getting promotion along with his senior and much earlier than some Graduate AEs who are senior to him and well qualified too, will have to continue as Asst. Engineer under promoted JE.
Raj Kumar Makkad
(Expert) 21 February 2020
Where is the question of injustice when they are already having the share of 60?
P. Venu
(Expert) 22 February 2020
Yes, you have not posted the material facts.
Guest
(Querist) 22 February 2020
With this ratio Juniors taking over seniors and getting promoted... how will that be considered just way??...
Dr J C Vashista
(Expert) 23 February 2020
It is better to consult and engage a local prudent lawyer practicing service matters for appreciation of facts /policy on the issue involved in the query, professional guidance and necessary proceeding..
Raj Kumar Makkad
(Expert) 24 February 2020
What are the facts leading to your issue. In reserved category juniors definitely become seniors to their general category colleagues but your issue is still undisclosed.
T. Kalaiselvan, Advocate
(Expert) 26 February 2020
As per provisions of law the juniors who are promoted are becoming eligible for further privileges, hence there is no question of any injustice done to any seniors who have not been promoted.
The rule and provisions of law in this regard is very clear,which had been furnished by you in your post.
However if an employee feeling aggrieved over the provisions of law and feels that he has not been meted out with the justice, he can approach the high court with a PIL seeking relief and remedy.
For your information the courts generally do not interfere in the policy making decisions of the government
P. Venu
(Expert) 26 February 2020
With due respect to learned expert Mr. Kalaiselvan, it is stated that no PIL is maintainable in a service matter. Of course, the affected employees can join together and file joint petition with the permission of the Court.
Moreover, in jurisdictions where Administrative Tribunals are functioning, the employee need to approach the Tribunal, not the High Court. It is also imperative that before approaching the Judicial Forum, the employee should exhaust the departmental remedies.
Raj Kumar Makkad
(Expert) 26 February 2020
You are misconceived. As per you the department has started only on 07.12.2016 wherein 6 persons joined on the post of AE and then appointment process on any post closed and then 4 JEs joined on 07.12.2017 and the joining again stopped till their permotion and this process against started in the same way. This is wrong. Some persons already serving would be in the line and the promotion process is a continuous exercise being adopted in the departments. The feeder Cadre provides its due strength and injustice generally do not occur. If any individual is suffer, he can file a Writ petition before high court after exhausting departmental opportunity.
Guest
(Querist) 26 February 2020
with due respect to all, No experts understood the facts properly... Let me explain again there are Total 40 AEs and 20 JEs, AE pay scae is different and JE pay scale is different, and their cadres too, but fact of the matter is because of this60:40 ratio AE cadre which is senior to JE is suffering.... which is against the basic principle of any service rule... so it does injustice to seniors... Lets say 10 posts of AEE are being filled up out of which 6 AEs and 4 JEs have to be accommodated as per the ratio, which is injustice to AE who is senior post wise service wise will have to work under his subordinate... Which is absolutely against the fundamental right enshrined under article 14 & 16 of Constitution of India. Experts give your views...
Guest
(Querist) 26 February 2020
T. Kalaisalvan sir, policy decision should be fair and should not curtail somebodies legitimate right sir... So, Ratio can be adopted if the posts are of same grade and cadre, how can you treat 1 & 2 as equal??
Guest
(Querist) 26 February 2020
P. Venu sir, Administrative Tribunal wont have jurisdiction over such issues??
Sudhir Kumar, Advocate
(Expert) 27 February 2020
you stated that no expert understood properly
yes
because you did not explain the facts and the experts do not solve riddles.
Sudhir Kumar, Advocate
(Expert) 27 February 2020
Now you have explainted that the post of JE and AE are different (perhaps classification may also be different though you did not say so).
You also said that these posts are considered for the post of AEE in 60:40 ratio.
Now please specify whether this is as per recruitment rules for the post of AEE (framed under provisio to Article 309).
Raj Kumar Makkad
(Expert) 27 February 2020
Unless you come with the correct facts, how can one anticipate your desire to know the exact reply. On that ground, you are right that none could understand your internal desire.
Raj Kumar Makkad
(Expert) 27 February 2020
In the light of the subsequent facts, you are right in your approach that JEs being juniors to AEs, on their promotion to the AEE, thee seniors shall definitely have to suffer due to ration.
It shall be better to file a writ petition before High Court seeking the provision declared ultra virus of the Constitution and get the desired relief.
Guest
(Querist) 27 February 2020
Sudhir Kumar sir, These recruitment rules have been framed exercising the power conferred under section 421 of the Karnataka
Municipal Corporations Act, 1976
Classification of post is AE is Group B and JE is Group C post whereas AEE is Group A.
Contention with the ratio of 60:40 is that skipping intermediate post of AE, JE is being promoted to AEE post i.e from directly from Class C to Class A bypassing class B, which amounts to double promotion to JE at a time despite junior to AE and whereas AE is getting single promotion at a time. how can this be called fair treatment?
Raj Kumar Makkad
(Expert) 27 February 2020
This is unfair. It is surprising that feeder cadre for the promotion cadre is not even and despite of this, noen has challenged it till to date.
P. Venu
(Expert) 27 February 2020
Is it Section 91 or 421 of the Act?
Guest
(Querist) 27 February 2020
Section 421 of the City Corporations act sir...
Sudhir Kumar, Advocate
(Expert) 27 February 2020
So the rules are statutory and can be challenged only if these are unconstitutional. Mere fact of the rules being unfair cannot be a ground for such challenge.
Guest
(Querist) 27 February 2020
Sir let me know when do you say its unconstitutional? as far as I have understood unfair treatment would amount to curtailing of right of a person, article 14 & 16 of the constitution of India provides for equality before law and equality in employment,whereas here in this case treating unequal as equals.... hence, it is unconstitutional....
Raj Kumar Makkad
(Expert) 27 February 2020
The given situation is violation of Article 14 & 16 of Constitution hence it has already been advised to approach High Court.
