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Surbhi Tiwari (Lawyer)     27 October 2014

Draft a legal notice for promotion

Respected members.

I request you to draft a legal notice for promotion of my client. She had qualified in screening test for promotion  to the post of Junior telecom officer [JTO] and had successfully completed her  training too. She went to CAT also in this regards, even Central Administrative Tribunal [CAT] had also given order in her favor, but department is not taking any action.
 

Thanks.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     29 October 2014

You have to do your own home work and never depend on others for such issues, also it is based on the facts and circumstances hence there is no general format for this.

Sudhir Kumar, Advocate (Advocate)     30 October 2014

If you really want guidance as you appear to be needing. It is good to learn before move so that the client is not cheated having deposed trust in you.

The following material is useful after you have read provisio to Article 309 of the Constitution:-

 

  1. which post is she holding
  2. see the recruitment rules for for the post of JTO (which client alone can provide or be had from deptt under RTI)
  3. what is the qualifying conditions for the post of JTO as per these rules.
  4. Is it selection or non-selection post as per these rules.
  5. what is the date of vacancy
  6. whether regular or ad-hoc vacancy.
  7. any past refusal of promotion.
  8. Dopes she qualify as per these rules on the 1st January preceding the date of vacancy.
  9. whether the vacancy is or is not reserved for SC/ST (if she is gen category)
  10. any adverse ACR regarding last 5 years (prior to the vacancy), if so when, if so whether communicated, if so whether represented, if so what was the decision in representation.
  11. any deficient ACR in the last 5 years prior to the vacancy.
  12. any discipline/criminal case pending, if so whether sealed cover proceedings completed.
  13. any penalty operative at the time of vacancy.
  14. any junior promoted prior to her.
  15. what relief she sought from CAT (refer para 8 of the OA).
  16. briefly on what grounds the relief was sought (refer para 5 of the OA)
  17. what reply was filed by the deptt on para 5 of the OA.
  18. what exactly is the order that the CAT had passed.
  19. when was CAT order passed
  20. what deptt was expected to do by said order.

without this information it cannot be viasualised as to whether at all any notice is required or not.

Sandeep Naik (Advocate)     03 November 2014

Apply ur own mind

C.Shanmugam (x)     06 November 2014

Your request is not clear and not containing the following informations. .When joined , number of vacancy available, any Junior is promoted by overlooking, whether grievance has been initially submitted to Higher authorities through proper channel. If no reply , you may send legal notice. Ask your client to ask clarification/suggestion directly. Regards, C.Shanmugam 06-11-2014 Email: shanmugam628@yahoo.co.in

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