Validity of dpc promotion order

yogesh thaware (Querist) 23 October 2021 This query is : Resolved
Can I claim my promotion on the basis of old DPC order for seniority cum fitness vacancies ? The order was issued for previous vacancy years (from 2011 to 2015) The DPC promotion order was given on 8 th July 2021. Order says that the promoted candidate should join his promotion assignment within 40 days of the order after which this this promotion order will be inoperable. Since I had resigned when this order was issued I did not join. Now I am planning to withdraw my resignation. Can I claim my promotion based on this DPC order ?? This is a very strange kind of scenario. HR experts kindly comment.

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This discussion revolves around the validity of an old DPC promotion order issued in 2021 for vacancy years 2011-2015. The original order stipulated joining within 40 days, but the individual had resigned at the time and did not join. Now, after resigning and having gratuity/leave encashment released, they are inquiring if they can still claim the promotion by withdrawing their resignation. Experts suggest that withdrawing resignation and reclaiming promotion after the release of final dues is highly unlikely and complex, often governed by specific service rules and employer discretion.

kavksatyanarayana (Expert) 23 October 2021
It seems to be not a real story. In which department did you work? However, you cannot claim a promotion after re-joining into the post.

yogesh thaware (Querist) 23 October 2021
Late promotion orders by BSNL due to various court cases.

Dr J C Vashista (Expert) 24 October 2021
Facts as well as query is vague.
Consult a local prudent lawyer practicing service matters.

P. Venu (Expert) 24 October 2021
It is not the DPC that orders promotion, but the appointing authority. But for exceptional circumstances, promotion could never be of retrospective effect.

Permission for withdrawal of resignation is governed by different norms.

yogesh thaware (Querist) 24 October 2021
I mean promotion recommendation by DPC.

P. Venu (Expert) 24 October 2021
Why don't you post the complete facts?

yogesh thaware (Querist) 24 October 2021
I try to be brief and short.Those are complete facts. People are not interested to read a lengthy query .😁

Sri Vijayan.A (Expert) 24 October 2021
First withdraw your resignation, if it is accepted, you can think of your promotion.
withdrawing of resignation within its limitation and its acceptance by administration itself is tremendous task, governed by settled rules.
Forget about validity of DPC and its recommendation, first rejoin the duty.
A.SRI VIJAYAN
SRIVIJAYAN.A@GMAIL.COM

yogesh thaware (Querist) 24 October 2021
Thank you for the valuable advice Mr Vijayan A.

Sudhir Kumar, Advocate (Expert) 20 November 2021
have you been allowed to withdraw resignation

yogesh thaware (Querist) 21 November 2021
No. Account section released my gratuity amount. Seems impossible now.

yogesh thaware (Querist) 21 November 2021
Though I have offered to return back my gratuity and leave encashment amount but it seems rules don't allow that.

Sudhir Kumar, Advocate (Expert) 21 November 2021
STILL VAGUE.

Have you been allowed to withdraw resignation?

yogesh thaware (Querist) 21 November 2021
Nothing vague. Release of gratuity and leave encashment means end of your association with the employer.

Sudhir Kumar, Advocate (Expert) 21 November 2021
This replies your query,

yogesh thaware (Querist) 21 November 2021
No. It doesn't reply my query. A promotion order issued after a DPC exercise is valid for a certain period only. Had they allowed me to withdraw my resignation without any service loss I may or may not have been considered for that promotion order. May be they would have asked me to wait for next DPC for promotion consideration.

yogesh thaware (Querist) 21 November 2021
Application for withdrawal of resignation was placed after a long period from the date of acceptance. Probably that may have been the reason. Waiting for written reply from the employer bsnl.

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