Promotion halted due to Cadre restructure
9 months ago
Hello there.
I joined a govt department in June 2020 as an Junior Accountant (JA), LP-5 INDEX-1. At that as per our RR, we could get promotion as Senior Accountant (SA), LP-6 after 3 years. In Dec 2020, as per the recommendations of a committee, 2 new posts of DA(LP-7,) and AAS (LP-8) was created. To not burden the exchequer, the overall strength was reduced ( in our circle it was reduced from 590 to 400). Pertinent to note that before reduction, SA:JA was 80:20. The proposed ratio among JA:SA:DA:AAS is 50:30:15:5.
At present, though strength has been reduced, no officials have been promoted to DA and AAS as the new RR have not got the approval from competent authority.
As strength was already reduced, in many circle where working strength exceeded the sanctioned strength, promotion was halted.
My question is where whether we have a legal option to explore as the strength has been reduced without anyone being promoted to the newly created posts or as the new RR at present is not in force.
Interview, selection, appointment, recruitment, promotion etc all these activities were carried on by respective establishments as per the well-established recruitment policy made out considering a variety of factors and following the principle of natural justice. Promotion to a higher grade or position cannot be claimed as a matter of right. Above all, it is the prerogative of the selection committee to decide who is to be selected for a vacancy or not following the well-established recruitment policy. Only in case of deviation/discrimination/mala fide in the selection process, if appears on the face of the record/recruitment process, Administrative Tribunal/High Court may entertain an appeal challenging the selection process violating the well-established recruitment or promotion policy. Otherwise, an appeal may be rejected at the stage of admission. But before moving ahead for litigation, you need to represent your grievance before the Head of the Deptt. for a resolution failing which, If you are an employee Central Govt. then you can escalate your grievance before the CAT(Central Administrative Tribunal), and if you belong to the State Govt. then SAT(State Administrative Tribunal). Both forums have been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed for public services. So, try to get the matter reviewed by an expert professional before challenging the promotion policy either before the CAT/SAT. In case you need any legal assistance in the matter, you may contact our legal team with all the relevant papers.
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