Can a PSU employee be denied promotion based on a disciplinary rule that was amended after the penalty was imposed?
I am currently working in ONGC. A disciplinary penalty was imposed on me via a D&A order dated 23.10.2023, reducing my pay by one stage for a limited period (from 01.10.2023 to 30.09.2024). The order clearly stated that this penalty would not affect future increments.
However, I was later denied promotion to E3 level based on a modified Clause 13 of the R&P Rules, which came into effect only on 29.07.2024—after the disciplinary penalty was already imposed and in force. The denial of promotion was communicated to me through a response dated 08.05.2025.
As of 01.01.2025, I had fulfilled all eligibility and seniority requirements for promotion, and there were no other adverse entries or issues pending against me.
I am seeking clarity on the following:
1. Can the amended Clause 13 be applied retrospectively to deny my promotion, when my disciplinary penalty was imposed well before the rule change?
2. Is it legally valid to use a later rule to override an earlier disciplinary order that explicitly stated future benefits (like increments and by implication, promotions) would not be affected?
3. Do I have a strong case to demand promotion to E3 with effect from 01.01.2025, and challenge the denial order dated 08.05.2025?
Any legal insights, especially from those familiar with service law, DPE guidelines, or PSU R&P rules, would be greatly appreciated.
Whether the clause was effected with retrospective effect, if yes then they have a reason, if not then you can fight against the same especially when the penalty order passed against you clearly stated that this will not affect the future increments. In that event you can approach CAT or high court with a writ petition against the employer for relief and remedy.
