ratio of a case

Sir, I have come across a supreme court judgment where in the decision of the high court delhi to award ante dated promotion, was upheld. The reason for this award was only due to delay in convening DPC by the Department for considering promotion from legitimate due date.  In my case I am claiming antedated promotion from 1-7-2003 to 1-7-1997 due to non recognition of my post & works carried out by me due to incomplete entry of my designation in my service book without word computerisation. In my service book my designation was entered as Engineer-SB only against the name of post Engineer-SB(computerisation) as per my appointment order. Since there was no delay in convening DPC by Dept. in my case and I was not considered by DPC for my legitimate promotion from due date 1-7-1997, whether the ratio in the above referred SC judgment can be relied upon?

Advocate 98410 53790

At first you need to represent to your department head in this matter. If the response is negative, then you will have to file a Writ petition.

               Your HOD will consult their legal panel in considering your matter.

               I don't think department heads will directly apply the ratio held in Supreme Court - as it has to be interpreted properly and moreover it has to be ascertained whether decision was overruled.

               But, you can mention the ratio in your representation - so that the matter will be considered in right spirit by legal panel.

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As you said, I had represented this matter two times. But no reply is received from department so far. Also, I am now suffering from non promotion to SF grade due to my earlier representation because my division head did not recommend me for SF grade till date of my VRS, due to my above representation. In such situation I am not in a position to represent once again to the Dept. while in service Also my medical leave was not sanctioned by bosses even though dept authorised medical officers certificate was attached alongwith my leave application. I took medical leave for almost one year due my disease and finally I took VRS on 1-3-2012 due loss of pay leave which lead to stringent financial situation in running my family apart from injustice done by not sanctioning my medical leave. Now I am getting pension. Here my doubt is whether CAT will consider the ratio in aforesaid SC judgment in my case? I was a Scientist under Group A officer of Govt. of India.




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