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Promotion in Govt. Service (Autonomous body)


10-Jul-2023 (In Civil Law)
My claim is for promotion to the post of Section Officer from the date of my application 27/6/2019. Last year around the month of May 2019, an employee, who was working in the capacity of Section Officer (Ad hoc promotion basis) refused to continue carrying duties citing health and other issues and was allowed to relieve from duties as SO, thus creating a vacant SO post. On 27/6/2019, I filed an request in the office for promotion to the post of Section Officer. As per Recruitment Rules, i completed the eligibility of 8 years regular service as Assistant to be eligible for promotion. There is no one else in the feeder cadre eligible who may claim the post. But, even after 1 year of my request no decision has been taken or communicated to me. It is to be noted that I was on deputation to other govt office as on 27/6/2019 and reverted back only on 01/6/2020. But, I believe I could have been given proforma promotion as per DOPT rules and on reversion i could have joined as SO.
Answers (3)

Answer #1
541 votes
you are right. you could have got that promotion eligibility. Either the acceptance or rejection could have been intimated to you on your request. Since it's been 1 year since your request. Our plea can be your appointment to the promoted post from the date of possible acceptance, for which we will be approaching the CAT tribunal for an effective order and compensation on violation of Article 14 and Article 16 of the Constitution.
Answer #2
631 votes
Hello sir. I have perused your legal query. You may at first file a letter petition with the DoPT citing your eligibility to be promoted to the position of section officer in the absence of any other suitable candidate in the feeder cadre. Further, you may request that the reasons for any denial of such promotion be reduced in writing and communicated to you. Failing this, you may approach the CAT for the passing of appropriate orders. Please feel free to reach out to me in case you wish to discuss the matter in more detail.
Answer #3
873 votes
As per the facts mentioned it seems that you do have a legitimate claim for promotion and you can file a case against the concerned department in order to ensure that you are promoted retrospectively in addition to getting higher pay etc.
However I would be able to assist you better after going through the relevant documents like your service rules, notifications/circulars applicable to you etc.

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