Rajiv82@ 20 January 2024

Please advise

sir i am central goverment employee intially was posted in ghaziabad in 2009 with my co-penalist at pay level 3 as lab Assitant. my copenalist got promotion in 2014 at the post of Sr.Lab Assitant level 4. later we were transfered to Dte.GHS Nirman Bhawan on 01/11/2016 from Ghaziabad. i am physically handicaped from general category. later our parent department transfered to us to NCDC on 28.02.2019 where the post of Lab Assistant was of lavel 4. but i was at the post Lab Assistant Lavel 3 at time of absorption at NCDC, Delhi but MACP was due from 16.01.2019. therefore i was first got macp then absorbed at the post of lab assistant lavel 4. later both of us applied to get the promotion at the post of tecnician at NCDC. Institute reconed his previous service from 2014 i.e. from dtat of getting the promotion of Sr. Lab Assitant. but when i representd for the same the turn down my plea stating that you were on level 3 when you were absorbed in NCDC. seniorty of my copenalist was reconed from same or equivqlent grade in parent department. thus my copenalist has got two promotion while i am bound to the same post. kindly examine my case give me advice what is possibilities in my case.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 20 January 2024

You can make a representation in writing to your dpartment head and request to consider your promotion too at par with your colleague.

If the rules permit then the authorities may accept your representation, if not then you cannot do anything about it.

You should have taken up the issue when he was promoted to level 4 at that time itself instead of crying now.

The government policy cannot be changed at somebody's whims.

Rajiv82@ 21 January 2024

I have represented the same but they Rejected stating that you were at level 3 when I absorbed in NCDC. My coppenlist was at level4 that's why his seniority was reckoned from date same or equivalent grade in parent department (para 18 of dopt guidelines) whis is under,:

The seniorty of an officer absorbed after being on deputation or absorbed directly without being on deputation, if he has been already the same or equivalent grade on regular basis in his parents department, is determined from the date he has been holding the post on deputation or the date from which he has been appointed on regular basis to the same or equivalent grade in his parent department.

But the criteria of same or equivalent grade as per dopt and cat judgement is determined by the following

1. Nature of duties

2.job responsibility and power

3.Minimum.qualification

4.Pay level

Court judgement state that if first three conditions are similar then slight difference in pay would not make any difference. In the approval of my coppenlist nowhere these criteria were considered. Just in behalf of pay level 4 approval was given. In case of me just behalf of pay level 3 my plea was turn down.

Comparative study of all post is as undeR

My self. Coppenlist. NCDC

POST. Lab assistant. Sr. Lab assistant. Lab assistant

Nature of duties. Technical to assist in. Similar as of myself. Technical to assist in the testing of biological sample eg blood

The testing of food sample

Job responsibilities and- group c post, assist in testing. Similar as of my self. Group c, assistant in testing of blood sample

of food sample

power

Minimum qualification. 12 th science 12 th science+ 5 yr on post of B.Sc science

Lab assistant, 100,% promotional

Pay scal. Level 3. Level 4. Level 4

Now, it is to state that pay scale is not decisive criteria, cat judgement state that if ist three criteria i.e. nature, job responsibilities and power, minimum qualification are similar, slight difference in pay scale would not make any difference. Now you are requested to advice for the same. In the approval first three conditions were obviated from consideration.