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How to get promotion on job joined on ad hoc basis initially
11-Jul-2023 (In Labour & Service Law)
My freind joined teaching profession on ad-hoc basis.After 7 years of continuous service became permanent.Is he entitled for promotion from initial date of joining? I came to know that there is a supreme court of india judgement in this regard.Is it possible ?
your friend may have been appointed pursuant to a policy decision of the appointing authority , in that scenario
your friend cannot seek for regularization/promotion with retrospective effect.(Surendra Kumar & Ors vs Greater Noida Ind. )
however in H.M Singh vs union of india(2014(3) scc 670) the Apex court observed that "Eligible candidates have a fundamental right to be considered for promotion against the available vacancy and promoted if adjudged suitable..."
hence it is possible, high court may exercise power under article 226 of constitution as
your friends promotion depends on various conditions.
and further, your case needs detailed analysis of regulations and circulars of your appointing department.
feel free to contact further for detailed answer of your query.
your friend cannot seek for regularization/promotion with retrospective effect.(Surendra Kumar & Ors vs Greater Noida Ind. )
however in H.M Singh vs union of india(2014(3) scc 670) the Apex court observed that "Eligible candidates have a fundamental right to be considered for promotion against the available vacancy and promoted if adjudged suitable..."
hence it is possible, high court may exercise power under article 226 of constitution as
your friends promotion depends on various conditions.
and further, your case needs detailed analysis of regulations and circulars of your appointing department.
feel free to contact further for detailed answer of your query.
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Ideally, past continuous service is to be considered for claiming promotion. Even Supreme Court judgment is on identical lines. However, it depends upon the appointment letter and Service conditions. Contact an advocate with all details and documents.
Helpful?
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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You have not indicated that whether you were appointed under any advertisement or without that if your appointment is under advertisement then your claim can be considered so you can see though those aspects
Helpful?
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Adv. Jorong Sanga
Ranchi | 100+ Answers
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