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Pankaj Garbyal (Engineer)     04 April 2013

Advice on job promotion

Hello Experts, My father is working in a paramititary services. Recently, It came to my knowledge that he completed all the promotion requirements and got promotion letter but his employer canceled it with a misinterpreted prerequisite course requirement issued by a head clerk. So he got a 3 year promotion delay. After 9-10 years of this incident, i scanned his documents and realized that his promotion was canceled on ground of false information passed by a head clerk. I want to know following things..

1. Can we suit a case against his employer on civil court knowing the fact that its already been 9-10 years since then?

2. If yes..Are we bound with some location of court?Please also specify the court level as well eg. lower court, district court or high court.

3. If my father is not able to attend the hearing, can i attend on his behalf?

4. Do i need to hire a lawyer for this or case can be filed by a affidavit as well?



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     04 April 2013

suit after how many years.  Why your father did not agitate the matter earlier. What justification you haved for the delay in fling case. Is he now interested to file case.

Manish Udar (www.Mehnat.IN)     04 April 2013

If the matter has come to your knowledge recently, then you can file a suit.

www.mehnat.in

Sudhir Kumar, Advocate (Advocate)     04 April 2013

when it is a matter of cancellation of promotion serveral years back.  It is never possible for the employee to to unware of the same immediately when prootion was cancelled.  It is irralevent if his son came to know of the same earlier.

 

Apparently there is no material to justify limitation.

Pankaj Garbyal (Engineer)     05 April 2013

Thanks for your response...Let me be put more light on the case. In 2003, He got a promotion training order for the Sub Inspector grade, which had prerequisite of completing some basic courses along with English-II and Hindi-II. He had got this promotion training order by considering the fact that he had a completed English-III course, which is considered to be higher course than the required one. It was also communicated him that he don't need to go for English-II if he is already holding English-III so he did not opt for the same.  Now He did training and short listed for final promotion but a head clerk, who suppressed the fact that he is already holding a higher course certificate and requested to cancel the promotion with the fact that he is not holding the English-II course completion certificate. My father approached the office authorities but could not get a proper guidance to follow up the case. Later, he got to know that head clerk had done this to show his personal trench. My father thought to file the case but legitimacy pressure and fear of going against employer stopped him to do so. Now i've all the documents related to all the facts and requirements. So want to follow up the case. Please guide me how to proceed. Can i suit the case in any court of delhi?Will office orders and course certificates will be a enough evidence to suit the or i should opt for RTI to get official documents and proofs. Answer of your queries: my father is interested to file the case. As he was sent to china border for 2 years after this incident when came back people told him to clear English-II and then the promotion training. Overall he got delay of 3 years in promotion. He didn't realise the repucursion of 3 year delay but this is affecting his further promotions badly. 

Manish Udar (www.Mehnat.IN)     05 April 2013

Yes you may file the suit now if your father found out the reason recently.

www.mehnat.in

Sudhir Kumar, Advocate (Advocate)     05 April 2013

So in 2003 he was aware that promotion has been denied to him. 

 

The facts indicated by you do speak of injustice which he has voluntarily born. The whole descripttion given by you in no way gives any valid reasons for extention of limitation. His limitation started in 2003.  Even if he served on china border (or even in china) the case was to be attended by his counsels.

 

He has not even represnted to the deptt as apparent from your facts.  Without representaion to deptt no court will enterain any case.

 

Apparently a waste of money.


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