Promotion post amendment in condition
2 years ago
after amendment in height condition declared unfit for promotion
A.Just file a writ petition in High Court and move the court against this arbitrary promotion policy that was introduced after you joined the services and not before you joined. You need to consult a very good lawyer for this.
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A.Dear Sir,
You may challenge such condition before the Service Tribunal or High Court. The employer or State Government cannot amend the provisions which are detrimental to the benefit of employee, on this principle you may win in the Court.
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You may challenge such condition before the Service Tribunal or High Court. The employer or State Government cannot amend the provisions which are detrimental to the benefit of employee, on this principle you may win in the Court.
Rate me Five Star*
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A.Hi,
If you think that the amendment violates your right to equality, then you can file a writ petition before the HC by invoking Art. 226 of the Constitution. However, you would need to assimilate all the evidence as per the timeline. You can get in touch with a good lawyer to frame your issues.
If you find my answer helpful then kindly rate me.
If you think that the amendment violates your right to equality, then you can file a writ petition before the HC by invoking Art. 226 of the Constitution. However, you would need to assimilate all the evidence as per the timeline. You can get in touch with a good lawyer to frame your issues.
If you find my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The Court said that an amendment is a law under Article 13(2) of the Constitution of India and if it violates any fundamental right, it may be declared void. It would include departmental bye-laws for promotion within its ambit. You can directly approach the HC by invoking its extraordinary jurisdiction under Art. 226.
If you find my answer helpful then kindly rate me.
The Court said that an amendment is a law under Article 13(2) of the Constitution of India and if it violates any fundamental right, it may be declared void. It would include departmental bye-laws for promotion within its ambit. You can directly approach the HC by invoking its extraordinary jurisdiction under Art. 226.
If you find my answer helpful then kindly rate me.
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