GAJENDRA KUMAR (Service) 18 August 2020

Promotion after revoke of suspension with due date

pls guide me, i was suspended for two years (2015 to 2017) in a government job, now it is revoked in 2017 but my case is still pending in court for final decision and and I got one promotion with my juniors and department has kept my seniority first to my juniors. Can I request to my department to maintain my seniority in my batch and can I get my due promotion

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Quick Summary

This discussion addresses a government employee's query about regaining seniority and promotion after a two-year suspension was revoked. Although the employee was promoted alongside juniors and their seniority was initially maintained, a court case related to the suspension is still pending. The advice given highlights that suspension itself isn't a punishment, but the reasons for it and its revocation are crucial. It suggests that while a request for seniority adjustment can be made, the final outcome of the employee's career hinges on the court's decision. Further clarification on the nature of the court case and disciplinary proceedings is needed for a definitive answer.

2 Replies

P. Venu (Advocate) 18 August 2020

The facts, as posted lack clarity. What do you mean by "I got one promotion with my juniors and department has kept my seniority first to my juniors".

So also, you mention of "my case is still pending in court for final decision". What is the case that is pending in the Court" What are the reliefs sought? Which Court?

Your posting vague and disjointed; you are assuming so many things in incomplete understanding. Please post complete facts, but simple, consistent and relevant facts trying to avoid assumptions, presumptions and subjective opinions.

In service jurisprudence, suspension is not a punishment. What really matters is the circumstances in which you were placed under suspension and why it has been revoked - whether it was in connection departmental proceedings or criminal proceedings?