Regarding Promotion.
Krishan Kumar
(Querist) 22 January 2014
This query is : Resolved
Sir, I am working as Senior Compiler in Census Deptt. controlled by Registrar General of India on short (ORGI) which is working under MHA. The promotion channel is Compiler can become Sr. Compiler after 5 yrs. service and the Sr. Compiler can become Statistical Investigator Gr. III after the regular service of 3 yrs. and the RR says failing 8 yrs. combined regular service i.e. Compiler + Sr. Compiler( 50% by promotion and 50% by Dr). For the promotion on the post of SI. Gr. II, 3 yrs. regular service as SI Gr. III must be completed. But the 6th CPC merged the post of SI Gr. III & Gr. II and the post of SI Gr. III abolished w.e.f. 1.1.2006 but in this regard the ORGI passed an order on 17/2/2011. After that the feeder cadre becomes Sr. Compiler for the promotion of SI Gr II which is 100% by promotion. After this this merger there is need of new RR in the meantime the orgi on dated 30/11/2011 given special permission to hold dpc (by calculating the combined sanctioned and filled strength of both posts i.e. SI Gr. III and SI Gr. II) in two Directorate for the promotion of SI Gr. III with retrospective effect notionally from 16/2/2011 and some were remain left.
As on dated 16/2/2011, I am also eligible for the promotion on the post of SI Gr. III. I was given representation in March, 2012 and again and again but all in vain. After this I have filled a case in CAT bench and the case is in hearing stage.
Now on dated 28/11/2013 the new RR has been notified in which 75% through DR and 25% by promotion. The office side advocate wants to take on record the new RR in CAT.
Sir, kindly give advise to me that at this stage, how i can get my promotion retrospectively by old RR.
I shall be very grateful to you.
Yours sincerely
Krishan Kumar
Guest
(Expert) 22 January 2014
In the whole story, the most important element, i.e., the date of filing of your case in the CAT, as against the date of notification of revised RRs is missing. If the RRs were not notified up to the date of filing of your case in CAT that cannot have any effect in your case.
Your advocate should object vehemently on the issue of taking the RR, dated 28.11.2013, on record. Even if allowed by judge, your advcate should be strong enough to present your case convincingly before the judge about the RR having no relevance in the past cases before the issue of the RRs.
About your query, "how i can get my promotion retrospectively by old RR," the advice can be feasibly only after examination of the existing RRs vis-a-vis your eligibility as per your service record.
Krishan Kumar
(Querist) 22 January 2014
Sir, i am very thankful to your kind co-operation. Sir i filed my case in CAT on dated 30/5/13 and the notice was issued on dt. 5/6/13, the new RR was notified on dt. 28/11/13. Sir, according to old RR i am eligible for promotion as well as new RR but in new RR the posts has been reduced in promotion quota due 75% DR. For my promotion the Director also wrote for granting of promotion on dated 12/3/12, 16/7/12. My ACRs are up to the mark and according to my service record the case is fit for promotion.
Raj Kumar Makkad
(Expert) 22 January 2014
As your service record is accurate and you are fit for the promotion then your entitlement cannot be ignored. You have already initiated the desired action.
Rajendra K Goyal
(Expert) 22 January 2014
Well advised by the experts, agree to it.
Krishan Kumar
(Querist) 22 January 2014
Sir,kindly mention any cited case is decided by any court.
Rajendra K Goyal
(Expert) 22 January 2014
Citation is not provided in this section. Search indiankanoo.com.
Guest
(Expert) 22 January 2014
Provisions of new RRs will not apply on your case, if you were eligible for promosion prior to the date of notification of the RRs.
Krishan Kumar
(Querist) 03 March 2014
Sir, now my office has filed the reply of my rejoinder. Sir can the Office files the reply of rejoinder after 2 hearings.
Guest
(Expert) 03 March 2014
Depends upon the court's discretion to accept. The opposite party cannot be denied the opportunity to efend their case. Your advocate should prepare himself to sciuttle down their reply cogently on merits of the case.
Krishan Kumar
(Querist) 10 March 2014
Sir,
The 6th CPC had merged two posts w.e.f. 01-01-2006.
1) Statistical Investigator Grade- II (S.I Gr.II) 5500-9000
2) Statistical Investigator Grade- III ( S.I Gr.III) 5000-8000
After merger of both posts carry 9300-34800 Grade of 4200.
The Department had passed an order on 17/02/2011 that these two posts still stand merged w.e.f 01-01-2006. In year 2008 the department has made recruitment on the post of SI Gr. III and the candidate joined in year 2009.
Sir, whether the rule permits to recruit on the abolished post.
On dated 30/11/11 the department gave a permission to hold DPC for promotion on the post of SI Gr.III by considering the combined filled and vacant strength of both posts to some directorate and some were left.
Sir, kindly guide me:
(1) that whether the office can make promotion by considering the strength of both merged posts.
(2) that now department says to another left out directorate that any promotion can not be made as the post of SI Gr. III ceased to exist.
Kindly guide me that what steps should be taken in this regard
Krishan Kumar
(Querist) 11 March 2014
Sir, The 6th CPC had merged two posts w.e.f. 01-01-2006. 1) Statistical Investigator Grade- II (S.I Gr.II) 5500-9000 2) Statistical Investigator Grade- III ( S.I Gr.III) 5000-8000 After merger of both posts carry 9300-34800 Grade of 4200. The Department had passed an order on 17/02/2011 that these two posts still stand merged w.e.f 01-01-2006. In year 2008 the department has made recruitment on the post of SI Gr. III and the candidate joined in year 2009. Sir, whether the rule permits to recruit on the abolished post. On dated 30/11/11 the department gave a permission to hold DPC for promotion on the post of SI Gr.III by considering the combined filled and vacant strength of both posts to some directorate and some were left. Sir, kindly guide me: (1) that whether the office can make promotion by considering the strength of both merged posts. (2) that now department says to another left out directorate that any promotion can not be made as the post of SI Gr. III ceased to exist.
Kindly guide me that what steps should be taken in this regard to get promotion in other directorate.
Krishan Kumar
(Querist) 11 March 2014
Sir, The 6th CPC had merged two posts w.e.f. 01-01-2006. 1) Statistical Investigator Grade- II (S.I Gr.II) 5500-9000 2) Statistical Investigator Grade- III ( S.I Gr.III) 5000-8000 After merger of both posts carry 9300-34800 Grade of 4200. The Department had passed an order on 17/02/2011 that these two posts still stand merged w.e.f 01-01-2006. In year 2008 the department has made recruitment on the post of SI Gr. III and the candidate joined in year 2009. Sir, whether the rule permits to recruit on the abolished post. On dated 30/11/11 the department gave a permission to hold DPC for promotion on the post of SI Gr.III by considering the combined filled and vacant strength of both posts to some directorate and some were left. Sir, kindly guide me: (1) that whether the office can make promotion by considering the strength of both merged posts. (2) that now department says to another left out directorate that any promotion can not be made as the post of SI Gr. III ceased to exist.
Kindly guide me that what steps should be taken in this regard to get promotion in other directorate.
Sudhir Kumar, Advocate
(Expert) 11 March 2014
new RR will apply on the vacancies appearing after the notification. earlier vacancies will be governed by old RR.
