90,000+ Legal Questions Answered

Promotion method has been changed in Recruitment Rule Promotion method has been changed in Recruitment Rule

2 years ago

I, the undersigned had joined in the Central Government department as Stenographer Grade-II in 2014. Sir, when I joined the department recruitment rule dated 01.10.2001 (amended in 2010) was in force and 24% Promotion quota was prescribed for Promotion from UDC/Stenographer-II to Inspector in the above Recruitment rule. Now the new recruitment rule for Inspector grade has been notified on 30.07.2018 and in the new Recruitment rule the promotion quota for promotion from UDC/Steno-II to Inspector grade has been Abolished/Deleted whereas when the Draft Recruitment Rule Notification for the said recruitment rule was published by the ministry for seeking Comments from the department and stakeholders, 24% promotion quota was prescribed in the Draft notification. The department and all stakeholders were agree with the draft, but the recruitment rule notified on 30.07.2018, which was actually published in the Gazette is different from the draft, as the promotion quota prescribed for UDC/Steno-II has been removed from the notified recruitment rule. Sir, When the new recruitment rules, 2018 came into force, the applicant has completed 4 years of service in the old recruitment rules. Only one year was left for promotion to the post of Inspector according to old recruitment rule. Due to this implementation, the future of UDC/Stenographers will be very bleak and in the hope of promotion they will be financially and mentally harassed. Sir You are requested to please provide valuable advice to us in this regard.

Abhimanyu Shandilya

Responded 2 years ago

View All Answers
A.First of all you have to take this matter with your union/association who have negotiated these terms with the management and get them renegotiated. If this works fine.
If that does not work then you are left with no choice but to file a case in high court, a writ petition, challenging this new policy as many PSU employees do when the promotion policy are changed in arbitrary manner.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You can approach the court or your service tribunal. Court/Tribunal will render the judgement after considering the provisions of the agreement you have signed with the government and if the government's action is contrary to any of the provisions or any law which is time being in force, you may get a favorable judgement.
Thank You
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can approach the court or service tribunal. Court/tribunal will refer the agreement which was signed by you before joining the service and settle the dispute considering the provisions of that agreement.
Thank You
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
If you are aggrieved by such method which is causing loss in your future career then approach the Service Tribunal or High Court to set right the anomalies and thus you will get justice definitely.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMy employers ignorance has deteriorated my Medical
Dear Client, Interview, selection, appointment, promotion etc all these activities were carried on by respective establishments as per the well-established recruitment policy made out considering a v...
question icontermination during notice period
Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the mandatory pr...
question iconNegative feedback in Background verification by Previous Employer
Dear Client, Your query does not reveal or transpire the nature and the ground behind negative feedback your previous company made to your current company that attracts legal action. It is always re...
question iconIs it possible to fast track CWP Govt requirement case in High court
Dear Client, Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution of India and any party to a litigation who is denied...
question iconWron details in dsssb registration form
Dear Client, The Delhi Subordinate Services Selection Board has issued an official advertisement to announce 1841 vacant posts under various Departments and Local/Autonomous Bodies of the Delhi Govern...