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Promotion given to contract doctors overlooking the seniority
21-Oct-2023 (In Labour & Service Law)
Promotion given to contract doctors working as teachers in government medical college overlooking and superseeding the seniority of regular in service doctors working as teachers in same government medical college .Is this admissible in law ?if not not admissible what are the legal remedial measures to address this decision taken by the higher authorities of the institution.
Public employment in a Sovereign Socialist Secular Democratic Republic ,has to be as set down by the Constitution and the laws made thereunder.Our constitutional scheme envisages employment by the Government and its instrumentalities on the basis of a procedure established in that behalf.Equality of Opportunity is the hall mark,and the Constitution has provided also for affirmative action to ensure that "Unequals are not treated as equals .Thus,any public employment has to be in terms of the Constitutional scheme.So you can approach the court for the relief.
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Adv. K Prema
Chennai | 200+ Answers
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Promoting juniors overlooking the seniors is not permissible in law. However, there are circumstances in which a person is mandated to possess a certain degree or educational qualification to even get considered for the promoted post. In such cases, if the senior does not possess that particular educational qualification, then the next person in the seniority scale possessing the necessary qualification can be promoted.
In so far as the legal remedy is concerned, in case of illegal promotions, the affected person can file a Writ petition before the High Court as against the institution/ university and the promoted candidates and ask for quashing the promotion order and consequentially for promotion of seniors.
In so far as the legal remedy is concerned, in case of illegal promotions, the affected person can file a Writ petition before the High Court as against the institution/ university and the promoted candidates and ask for quashing the promotion order and consequentially for promotion of seniors.
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