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Can seniority list as per joining date be challenged
20-Jan-2023 (In Labour & Service Law)
i am serving in Pb. govt since 1998 in clerical cadre in 2015 i passed sas exams and joined as section officer in Pb govt. which has been 100% filled from official who have 3 years working experience in clerical cadre and pass the sas exams. but in 2012 govt notified that the post of section officer will be filled 40% by above condition and 60% by direct recruitment on condition that the direct recruited candidate shall pass the sas exams in subsequent year. the direct recruitee join the service in 2013 but till date they deny to appear in the exams and filed a suit against govt. the case has been still pending in court. . the govt issue the tentative seniority list as per their joining date can we challanged the seniority list on plea that they should not cleard the exams or can we go for separate seniority list in the ratio of 40: 60 ? pl suggest can
Yes promotions can be done in govt sector after following the seniority list .if according to seniority list you should be promoted I. E. If it shows that you are much senior to your fellow colleagues,then you can approach high court for quashing of promotion order and you can also file writ for claiming promotion if you think your promotion is due but department is impartial to you.
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Adv. Munish Gulati
Chandigarh | 25+ Answers
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Yes sir. The seniority list drawn out by the government can be challenged. It is better that the seniority list be challenged because otherwise the issue of seniority will also arise. As regards the direct recruitees their seniority should be delayed for every time they do not take the sas test. Otherwise one direct recruitee who joins in 2012 and took the test in 2018 will still get the seniority from 2012. While the promoters have already passed the test. Therefore there must be some parity and hence the promotees should be placed above the direct recruitee who delays taking the test
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Adv. Sushant Kareer
Chandigarh | 25+ Answers
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