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Promotion from Non-Executive to Executive Cadre- JUNIOR OFFiCER


15-May-2023 (In Labour & Service Law)
I am a MECHANICAL Engineer, working in BOKARO STEEL PLANT,a PSU of SAIL) as non-executive since 01.01.2009. With the reference to PROMOTION OF Non-executive to Executive Cadre Junior Officer 2010. I gave the written exam on 25 July 2010 and passed. But I was failed in Interview stating that i am new entrant & should apply for MTT. There was no condition of working experience of 10 years. NOW, with the reference to PROMOTION OF Non-executive to Executive Cadre Junior Officer 2018; Personnel Department of the company said that i am not eligible. this is due to the condition of working experience is lagging by 1 year. Hence they are not allowing me to give exam. Why my rights (19b) are being taken away from me? Why am I being demotivated and demoralised by the company SAIL? Should i appeal for PIL in HIGH COURT so that SAIL allow me to give JUNIOR OFFICER Exam 2018. what should I do?
Answers (4)

Answer #1
859 votes
You are facing problem because SAIL has issued circular regarding introduction of revised policy for promotion from non-executive to executive cadre (Junior Officer) after a gap of ten years. The promotions will be effective from June 30, 2018.
Now so far the PIL is concern, same will not be maintainable however you may file a individual service writ before Hon’ble High Court and raise your issue.
Answer #2
679 votes
Given your circumstances you should approach central administrative tribunal for redressal of your grivences this is the personal dispute therefore public interest litigation is not maintainable therefore work accordingly
Answer #3
504 votes
You are required to challenge the 2018 Rules first. Only if you succeed in challenging it,, then only you will be eligible. Do consult an Advocate and file suitable case. The rights are always subject to certain restrictions and here it is fulfilling the criteria.
Answer #4
856 votes
You may file writ or move it through Labour Laws, but can't file PIL because it is your individual matter against which you may pay cost to the court. Therefore, my advice to you that if you are interested to file Writ you have to file individual Writ.
To know in detail you may contact with me getting my information from the site.

Shailesh Kumar
An Advocate at Jharkhand High Court, Ranchi

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