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manpreet Singh (student/LO)     29 September 2012

Promotion ddh

KIndly advice urgently on the following situation MY father was appointed as a Law Officer Class 2 in Punjab Govt in 1974 Through punjab public Service Commission . He has a time scale of 800-1400 Rs .. As per Punjab Govt instructions Dated 26-4-1971 any post having time scale of 1199 Rs was confirmed as Class 2 post. As per Govt instruction Dated 26-6-1984 Class 2 post was stated to be any post having maximum of Rs 1580 .In 1983 via special order of the Govt dated 21-9-1983 post of LAw officer was stated carrying maximum of Rs 1580 which qualified as a Class 2 post . Govt due to its negligence and malafide intent did not give this scaleof Rs 1580 to my father .He continued to work on Rs 800-1400 in unrevised scale . Despite representations Govt did not do anything ..IN the year 1987 the sent a case for advice to Personnal Dept Punjab For advice as to fix maximum scale of father to Rs 1580 and declare his post to be Class 2 ..It was only when in1987 he had to be promoted as Deputy Director ..Since Personnal sent the case for advice further to Pay Commission and the caseof my father was not approved as the one having a class 2 post my father wasnt promoted. DEputy Promotionreqd 10 years experience as a Class 2 officer myfatherhad 13 but Govt Disputed this fact while considering his case and later stated the matter to besubudice even when Govt itself due to its negligence didnt give revised scale of Rs 1580 to my father. He filed a writ petitionin 1987 in HC which was admitted but during pendency of the petition my father died in 2002. The petition was dismissed due to father death no arguments on merits were held. Now our family does not have documents tocontinue the petition hence we want that myf ather promotion be given from 1987 with retrospective effect fromtheDepartment concerned . we have represented the Deptt . Pl advise in this case .... how to get it... since i read a SC judgement of MArch 2010 of Honble Sc that retrospective promotion may be given when itis fault of Govt ..Plzz provide me a copy of the judgment too ..It was delivered by Justice Ganguly ..i couldnt find on net.
         Can promotion here be claimed as a fundamental right since he was not adquately considred. ?


 6 Replies

Vijay (Law is Knowledge) (Advocate)     29 September 2012

Kindly go to the concerned High Court where your father's case was filed and meet the court filing section officer, tell your father's name and the year and possibly month and date if you have to search for the case file. You can request the concerned section officer of the filing section to search for your father's case even by telling your father's full name since he is the writ petitioner, and possibly the defendant as the state government and your father's department for further clarification. You can apply for a certified copy of your father's filed case and all the proceedings attached to it. If it is difficult for you to follow-up properly to get the certified copies of your father filed case, better to appoint the concerned high court advocate or so. After getting the entire case file, you can seek legal advice from a high court advocate who is expert in pension rules, retirement benefits, service matters so that you can get effective relief earlier. I guess your mother might still be receiving the pension as a widow and nominee and wife of your late father, if government fault is rectified, she would get more pension as well as any pending arrears of salary. Hence, it is worth trying by actively engaging to obtain the entire case file and approaching an expert service matter advocate. Good luck.

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manpreet Singh (student/LO)     01 October 2012

Thank U sir,,, But can u also guide me as to how i can get this case done from department  ...since i have notings of case where my father`s case was wrogly considered .

Vijay (Law is Knowledge) (Advocate)     01 October 2012

Seek proper legal guidance so that your father's department's file can be obtained through the lawyer. You can also try filing to obtain the whole status under Right to Information Act. You can also file a writ of mandamus in the concerned High Court if the Department doesn't cooperate to share the info to you or your lawyer.  In addition to your notings, you should obtain the whole file pertaining to the case from the High Court, especially you have to see the counter filed by the department's pleader with their objections for promoting your late father (Government Pleader who represented your father's department before the High Court might have filed the counter in your father's case), and an effective lawyer can give you efficient solution and further legal advice and steps to be taken to solve your long-pending case to receive possible maximum remedies. Once your lawyer finds out the wrongdoing applying promotion rules to your late father, you can seek the High Court's directions through writ of mandamus. You can also approach the Ombudsman of the department if your department has such supervising authority, you can also approach the concerned higher authorities, but please follow the lawyer's guidance so that you can choose appropriate steps and efficient speedy wise solutions for your case. Goodluck.

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manpreet Singh (student/LO)     02 October 2012

Sir there is one huge problem the Department doesnt  have its office file /personal file of my father they seem to have lost it even those notings where promotion of my father was considred , even the High Court file is not there since that record was destroyed when fire brokeout in High Court . Only i have certain integral portion of the file  when my father got it unofficially from office way back in 1987 it almost proves misdeed of the office the letter portion where case of my father was rejected due to legal prolem is there but the noting is not  there with  me ... however from noting that are available lapse of office is seen.Meaning i can raise a very strong presumption in my favour but cant prove beyond reasonable doubt . Lawyers say first go with the DEPTT  is a better option... ???? 
Can u plzz help me find judgeent of this news in newspaper .. i couldnt find on net 

Attached File : 60430601 mainmas128.jpg, 60430601 main.jpg downloaded: 154 times

manpreet Singh (student/LO)     02 October 2012

Promotion fundamental right:

SC R Sedhuraman Legal Correspondent

 New Delhi, March 24 The Supreme Court has ruled that governments at the Centre and states should “act as model employers” and that all eligible employees virtually had a “fundamental right” to promotion as guaranteed under Article 16 of the Constitution. A Bench comprising Justices RV Raveendran and Asok Kumar Ganguly made the clarification while directing the Centre and the Union Public Service Commission to grant promotion with retrospective effect to members of the Uttar Pradesh State Civil Service (SSC) who had been affected by a delay of more than two years in the cadre review following the creation of Uttaranchal (now Uttarakhand) in 2000. The cadre review meeting was held on April 20, 2005, instead of on April 30, 2003, mainly because the UP government did not respond to several letters sent by the Union Ministry of Personnel. The notification re-fixing the UP cadre strength was issued on August 25, 2005, and under the rules such notifications would only have prospective effect, not retrospective effect. The Centre and the UPSC contended that the statutory mandate of a cadre review exercise every five years “is qualified by the expression ordinarily” and as such it was not necessary to undertake it every five years. The Bench, however, did not buy this argument. “We hold that the statutory duty which is cast on the state government and the Central government to undertake the cadre review exercise every five years is ordinarily mandatory subject to exceptions which may be justified in the facts of a given case. “Surely, lethargy, inaction, an absence of a sense of responsibility cannot fall within the category of just exceptions,” the apex court ruled, obviously indicting the UP government for not responding to the Centre’s reminders. The court accepted the government’s arguments that Rule 4(2) did not have retrospective effect, but refused to interfere with the Delhi HC order which had, by using its special power under Article 142 of the Constitution, directed the Centre to “mitigate the hardship and denial of legitimate rights of the employees” in view of the “facts and circumstances of the case.” Not only did the government fail to discharge its statutory function, but also had not offered “any plausible explanation,” the Bench pointed out in the verdict, written by Justice Ganguly and delivered yesterday.

Vijay (Law is Knowledge) (Advocate)     02 October 2012

You have to meet a local lawyer seeking legal advice for limitation (statute of limitation expired or available to claim the remedy from the department) aspects of your case; If the Court records are destroyed, get the info from the GP's (Government Pleader) office to collect the necessary evidence.  In addition to this, if no record is available, you can get the information of your father time colleagues promotion so that you can request the court to apply equal lawful rights to your promotion purposes too. Please don't expect everything for free, and appoint a local lawyer who can guide you with attention and care spending his valuable expert time. Goodluck.

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