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Ram   21 April 2017

Counting of service for promotion after technical resignatio

I was serving as an Airman in Indian Air Force since 1996. I have joined as Inspector of Central Excise on 30-10-2016 in Cochin Zone after rendering Technical resignation. I requested for Inter Commissionerate Transfer but it was banned. I again appeared for SSC Graduate level and on being selected and after acceptance of technical resignation. i joined as Inspector of Central Excise Zone Jaipur on 04-05-2010. The whole of my service in central government since 1996 has been counted for the purpose of pension.

  As per Superintendent Recruitment Rule, 1986, an Inspector with 8 years of regular service is eligible for promotion as Superintendent. I completed more than 10 years of service as Inspector of central Excise. Sufficient vacancies are available and I am falling within the range of consideration zone. But I am not being considered for promotion because the administration is of the view that my previous service can not be recognised for the purpose of promotion. 

In the year 2011, Inter Commissionerate Transfer are allowed with a condition that they have to loose their old seniority and they will be placed at the botton of the seniority list in the new zone. Now the service rendered by the ICT candidates are being recognised for the purpose of minimum qualifying service. As a result the candidates ho joined the Jaipur zone after me are junior to me in seniority list but have been promoted and I have not been considered for the promotion. Please suggest me the line of action to get the justice.



Learning

 12 Replies

Sudhir Kumar, Advocate (Advocate)     22 April 2017

from given facats indicate that you submitted technical resignation to join same deptt on same post but in different region having different serniority list.

Service is protected for pension purpose.  It will also be protected for serniority for govt accomodation and GPF withdrawal.

 

It will never(never) be copnsidered for promotion.  You are in this serniority list junior to some pesons having less serving.

Ms.Usha Kapoor (CEO)     22 April 2017

i agree with Sudheer Kumar.

No. 28020/1/2010-Estt. - Ccis.nic.in

document.ccis.nic.in/WriteReadData/.../D2/.../28020_1_2010-Estt.C-17082016B.pdf

Aug 17, 2016 - joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post. P 2/6 

P. Venu (Advocate)     22 April 2017

Yes, the stand of the administration is right.

Sudhir Kumar, Advocate (Advocate)     22 April 2017

Originally posted by : Ms.Usha Kapoor
i agree with Sudheer Kumar.

No. 28020/1/2010-Estt. - Ccis.nic.in

document.ccis.nic.in/WriteReadData/.../D2/.../28020_1_2010-Estt.C-17082016B.pdf

Aug 17, 2016 - joined after submitting his technical resignation will not count for minimum qualifying service for promotion in the higher post. P 2/6 

I am always and ever thankful for agreeing with you.

 

But regret.

 

You adamantly continue to insult me by wrong spelling of my name. I am not able to understand what do you gain by writing "Sudheer" instreat of "Sudhir"

 

I have on serval occasions pleasur eof agreeing with your views and at times sadly I expressed disagreement as well.  However at no point of time I mispelt your name and god may protect me from such discourtesy.

 

You may address my name with wrong spelling but I cannot so reciprocate. 

 

I shall and will to use your corect spellings only.

Ms.Usha Kapoor (CEO)     22 April 2017

Sorry Mr.Sudhir Kumar!Hereafter I'd be careful in correct spelling of your name.

Sudhir Kumar, Advocate (Advocate)     22 April 2017

Originally posted by : Ms.Usha Kapoor
Sorry Mr.Sudhir Kumar!Hereafter I'd be careful in correct spelling of your name.

So many times I pointed out,  but you continued to mispell my name.  I started feeling that you were under a vow to do so.

Ram   24 April 2017

Thanks for reply. But what I find is that it is with respect to a person who returns back to his previous job where he retained the lien. The period spent in another department will not be counted for the purpose of service rendered on the previous post. 

In my case, first of all department and post are not diffrent and secondly I did not return to my previous commissionerate/ post. 

  The persons who came on Inter Commissionerate Transfer, were also being treated similarly earlier but after the verdict of Supreme Court in Renu Malick Vs UOI, in the case of ICT, they were being placed at the bottom of the seniority list of the new commissionerate but the services rendered by them in previous commissionerate are being considered for counting of the eligible service for the promotion. Hence, the person came on ICT, are being placed junior to me in the seniority list of this zone but they are being promoted before me even the total of their service is less than me and they are junior to me in seniority list of myy zone. 

  Please guide me if some thing is in my favour.


Attached File : 380707 20170424151846 666993485 renu mullick vs union of india.doc downloaded: 72 times

Ram   24 April 2017

Moreover Recruitment speaks 8 years of service as Inspector of Central Excise. I have served as Inspector of Central Excise more than 10 years. 

Sudhir Kumar, Advocate (Advocate)     24 April 2017

when you already have a judgement which you believed to be in your favour then

 

what prevented you from intorducting full facts in first query?

are you taking exam of experts?

P. Venu (Advocate)     25 April 2017

Yes, you can seek judicial review by approaching the CAT. However, it is felt, you ought to be within the zone of consideration,

Ram   25 April 2017

Sir, the judgement is related to Inter Commissioneratre Transfer. I wanted the view of experts whether it can help in my case.

Ram   25 April 2017

Yes, I am well within consideration zone even my juniors have been promoted.


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