LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

LALIT KUMAR AGARWAL   01 May 2025

Request for clarification and legal guidance on promotion eligibility

Sir,

I respectfully submit the following for your kind consideration:

I was permanently transferred from one Central Government office to another in May 2023. At the time of my joining, the applicable Recruitment Rules (notified in September 2022) clearly provided that 7 years of service in Level 7 qualifies an Assistant Library & Information Officer for promotion to Library & Information Officer.

I completed 7 years of qualifying service on November,2024. However, I have now been informed that the Recruitment Rules were amended in July 2024, increasing the required service in Level 7 to 9 years for the said promotion. Based on this amendment, the department is currently denying my promotion.

I humbly request you to kindly inform me, with proper legal guidance:

  • Whether my eligibility for promotion should be considered under the Recruitment Rules that were in force at the time of my appointment (September 2022), or under the amended rules notified after I became eligible.

  • Whether there are established legal principles, case laws, or DOPT/UPSC guidelines that protect the right to be considered under the rules existing at the time when eligibility was fulfilled, especially when the amendment occurred after the eligibility was attained.

I seek your kind advice and intervention to ensure that my legitimate promotional rights are safeguarded as per the governing legal framework.

Thank you for your attention and guidance.

 
 


 4 Replies

Sudhir Kumar, Advocate (Advocate)     01 May 2025

If you have pocmpelted 7 yueas of service before  July 2024 (hen new rulescame) then you  canclaim promotion.

kavksatyanarayana (subregistrar/supdt.(retired))     01 May 2025

No. You did not complete 7 years of service before July 2024, and as per the amended rules, you must complete 9 years of service to get the promotion.

Dr. J C Vashista (Advocate )     02 May 2025

You will have wait till completion of 9 years.

P. Venu (Advocate)     06 May 2025

What do you mean by "However, I have now been informed that the Recruitment Rules were amended in July 2024"? 

Such Rules are statutory  and requires to be duly notified.



Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register