(Querist) 12 July 2022
This query is : Resolved
Hi, please pay your kind attention towards the following series of incidents:
1. Recruitment Rule in our department was amended with effect from August 2019 and new recruitment rule is know as RR-2019. Previous it was RR-2006 2. In the RR-2019, the minimum qualifying service length to become eligible for promotion to higher post has been increased from existing 5 years to 7 years. Prior to August 2019, it was 5 years. 3. In October 2019, a review DPC was conducted against the original DPC which had held in March 2014. 4. In the above review DPC, I was granted promotion to the post of Sr. Assistant w.e.f. March 2014. Thus, my 5 years for next promotion completes in March 2019 as per RR-2016 and multiples position were also vacant during this period.
Now my question is with respect to grant of next promotion after March 2014, whether 7 years minimum Service length clause shall be applied on me as per RR-2019 or it shall be 5 years as per RR-2006. The RR-2019 was come in effect from August 2019.
Kindly help me with the answer in light of some judgements of Hon'ble Courts.
(Expert) 12 July 2022
You are eligible for the next promotion as you completed the five years of service before Aug. 2019. Judgments are not available to me.
(Expert) 13 July 2022
RR is periodically revised and hence new approved RR will govern. However you can represent based on your claimed eligibiity as per old RR. You can resort to grievance mechanism also for proper remedy.
Sudhir Kumar, Advocate
(Expert) 07 December 2022
RR applicable at the time of vacancy shall prevail. No rule can operate retrospectively.