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Vikas Bhatnagar   10 May 2023

Dpc held but promotion orders not issued

Dpc for post of Superintendent Jail District Jail Dharamshala was held in Dec 2020 and my name was recommended for promotion but before issuance of promotion orders objection was raised that since the R&P rules needs to be revised in the light of finance department notification dated 5.3.2001 the orders can be issued only after revision/ ammendment in R&P rules. Even after two and half years the revision not made and the orders not issued and now they want to hold fresh Dpc as validity of  that Dpc panel has ended. Any law rule that I can get my promotion retrospectively in this situation.



 7 Replies

RAKESH ISHI   10 May 2023

You may want to consult with a lawyer who specializes in employment law or government service rules to understand your legal rights.

Vikas Bhatnagar   10 May 2023

I wish some from this forum help me with solution to the problem. Thanks anyway for concern

Sudhir Kumar, Advocate (Advocate)     12 May 2023

First of all non-issue of promotion order is not challageable in court.


However greivance can be raiaed administratively.


It may be challengeable if someone else is being promoted.


In most of the cases the post is vaccant andsenior most persons looks after the duties . Please confirm if this is true.


No coming to revision of rules.  Since he vacancy exists prior to amentdment 9which as per your view has still nto come) the promotion to this post will be governed by the rules prevelent on creation of vacancy.


please indicate if anyone is going to be unduly benefited by new DPC. 

Vikas Bhatnagar   15 May 2023

Thanks for reply

I was being the senior most person so I was looking after this post. And the government own instruction say that Dpc should not be delayed on the plea that R nP rules are to ammended or revised. Copy attached. Since the government has violated it's own rules I think it can be challenged before the court. But in one supreme court judgement court has ruled that where the government has wronged, it can correct it's mistake by giving promotion retrospectively from the date of Dpc. But I want something more authenticated judgement on the matter please

Attached File : 949313 20230515222316 screenshot 20230505 181947 office.jpg downloaded: 4 times

Sudhir Kumar, Advocate (Advocate)     16 May 2023

have you given any representation against proposed new DPC.

Vikas Bhatnagar   17 May 2023

No, I had represented several times for issuing promotion orders but have not represented against proposed Dpc as I have no official communication of the same

Sudhir Kumar, Advocate (Advocate)     18 May 2023

Inthat case a pesual of your documents is needed alongwioth the recruitment rules for the post.

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