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ANONTO   26 July 2016

Promotion matter

sir,
i appointed as Sub-Inspector of Armed Police in sept/2010 and belong to general category candidate. As per RR the eligibility for promotion to inspector is 3 yrs continous service as SI. The cadre strength of inspector is 12. and as per state reservation policy it is 80:20 (ST:General). Hence in the cadre of 12 only 2 post is for general candidate.
The 1st DPC for promotion  was held on 2011 where 10 post were filed from ST candidate, due to non availability of eligible general candidate its slot was not filed. subsiquently the 2nd DPC was held in 2012 where also due to non eligibility of  general candidate it was kept vacant mentioning that 2 slot will be filed up on availability of general candidate in their turn. but in the third DPC held in 2013 2 slot were filed from ST candidate as still no general candidate were eligible ie continuous 3 yrs service as SI. 
finally 4th DPC was held on 2014 where I along another general candidate completes 3 years as SI. we submitted a representation to the deptt for considering our case for the promotion, but the deptt turned down citing us as junior to STs.
we referred the principle of Post Based Roster but our representation was turned down on seniority basis.
in the present cadre 100% post of inspector are occupied by STs and Post based Roster advocates for maintenance of prescribed reservation percentage which is 80:20. 
please advice whether as per post based roster i am eligible for the promotion.    



Learning

 6 Replies

P. Venu (Advocate)     27 July 2016

The posting lacks clarity.

ANONTO   27 July 2016

Which clarification you need..as per seniority list of general my spot is 2nd but STs are senior to me...in the rosrer strength of 12 inspector no single general candidate are there...

ANONTO   27 July 2016

Actually i appointed as SI may be read as I was appointed as SI in my first posting...error..

Sudhir Kumar, Advocate (Advocate)     29 July 2016

reservation beyond 50% is illegal as per SUpreme court guidelines in Indira Sawney case.

ANONTO   29 July 2016

Its illegal...but my querry is whether i am eligible for promotion on above context...

Sudhir Kumar, Advocate (Advocate)     29 July 2016

repeated

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140198&offset=1


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