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paritosh Sharma (service)     14 April 2021

Promotion without policy in govt. of india company

Dear Members,

Brief facts of the Case:

Case is filed in High Court against the Govt of India Company for not following any process in the Promotional interview in which I participated and not promoted.

The Company doesnot show APARs to employees, Company has not shown Promotion Policy to employees, Interview Marks 50 in promotional interview out of 100 marks also not known to employees. Based on all these writ was filed in the High Court and challenged process of promotion based on DevDutt judgment of 2008 and DOPT circular of May 2009 which mandates employer to show APARs.

Question

After participating in the Promotional interview and not getting promoted I challenged the process of selection as Arbitrary and fictious. The respondent has challanged that after participating in the process one cannot challange the selection process/promotional process merely as one is not successful and results of the process is not in his/her favor. After appearing in the process one cannot make U-Turn and challenge the whole process and given lot of judgements to support that one cannot challenge the process.

Please help me in giving some of the latest judgements of Honorable Supreme Court where they have accepted the Writ and given judgment in favor of where application has participated in promotional/selection process and challenged the process after not getting successful. 

In my case the process was not know to employees. All processes were black box and APARs were also not communicated and still not communicated. all criteria of promotion came to be known in RTI reply and appeals only.

Regards,



Learning

 2 Replies

P. Venu (Advocate)     15 April 2021

What has been the reason for denying you the promotion?

paritosh Sharma (service)     17 April 2021

Dear sir,

The reason for not giving promotion is not disclosed with one line answer.."Promotion are done as per the DPC recommendation."

Then in RTI all things related to promotions were came to be known.. like 50% marks in Promotional Interview and rest 50% on Appraisal (APAR)  40% and 10% on service in a grade. NO policy was disclosed or given or still not known to employee. We know as we have filed RTI.

 

Regards,

 


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