Declination from promotion
mayur
(Querist) 09 May 2012
This query is : Resolved
Sir,
i was passed in department exam for Postmaster Grade 1st. i declinated from this pramotion ,but department have not accept my declination. department said to me you r willinglg appear in exam and have to decline defore appointment order.
your appointment order has been issued by compentant authority.so your declination has not been accepted . so your have go to for pramotion.
r u have any solution for declinatation.
Guest
(Expert) 09 May 2012
You cannot be forced to accept promotion against your will. You may go to CAT for stay order and approval of your case for declining of promotion.
But, I wonder, why you are not willing to accept promotion while others crave for promotions!
Sudhir Kumar, Advocate
(Expert) 09 May 2012
I will have to disagree with Mr Dhingra.
You do not have inherent right to refuse promotion. Deptt could have allowed you to decline promotion with liability of non-consideration for one /two years. But you have no choice if they have not allowed you to decline. You are liable for disciplinary action if you do not proceed on promotion. You may read the instruction below
No.22034/3/81-Estt(D)
Government of India/Bharat Sarkar
Ministry of Home Affairs/Grih Mantralaya
Department of Personnel & Administrative Reforms
New Delhi, the 1st Oct, 1981.
OFFICE MEMORANDUM
Subject : Policy to be followed in case where persons refuse promotion to a higher grade.
The undersigned is directed to invite the attention of the Ministries/Departments to the provisions contained in this Department's O.M. No.1/3/69-Estt.(D) dt. 22.11.75 on the above subject and to say that this issue was discussed in the meeting of the National Council. It was observed that in many cases persons refuse promotion purely to gain monetary benefit specially in cases where the increment of the officer is due in the lower grade shortly. This it was felt causes considerable hardship to many Govt. employees due to the chain reaction fo postponing of the promotion of officers down the line and awaiting promotion. In order to discourage such refusal of promotion, the Government issued orders laying down that those officers who refuse promotion should not be issued any fresh offer of promotion for a period of six months from the date of such refusal.
2. Govt. have recently taken a decision to further liberalise the formula of fixation of pay, in order to avoid anomalies in the matter of fixation of pay. These orders are being separately issued.
3. In view of the fact that Government have decided to further liberalise the procedure of fixation pay of officers, and also to reduce cases of refusal of promotion to the barest minimum which adversely affects of the promotion prospects of officers working down the line, it has now been decided to modify the provisions contained in this Deptt's
O.M. No.1/3/69-Estt.(D) dated 22.11.75 mentioned in para 1 above, to the effect that from the date of issue of this order, refusal of promotion by an officer should entail that no fresh offer of promotion would be issued to him for a period of one year, instead of six months as provided for in the earlier instructions.
4. It is further clarified that in cases where the reasons adduced by the officer for this refusal of promotion are not acceptable to the appointing authority, then he should enforce the promotion on the officer and in case the officer still refuses to be promoted, then even disciplinary action can be taken against him for refusing to obey his orders.
5. These instructions take effect from the date of issue of this letter.
6. In so far as the officers working in the Indian Audit and Accounts Deptt., these orders are being issued with the concurrence of the Comptroller and Auditor General of India.
7. Ministry of Finance etc. are therefore, requested to bring the above decisions to the notice of all officers working under them for their information and compliance.
sd/-
(J.K.SARMA)
DIRECTOR
Source: www.persmin.nic.in
[http://persmin.gov.in/WriteReadData/CircularPortal/D2/D02est/22034_3_81-Estt-D.pdf]
Guest
(Expert) 09 May 2012
Dear Sudhir,
You have the right to differ with my opinion, but I hope as an officer of the Government of India, you would not have forgotten that the Officers have to observe the spirit of the rules, NOT the word of the rule.
With reference to your statement, "you do not have inherent right to refuse promotion," I wonder, how the official loses his right to refuse promotion even with reference to the memo quoted by you? The memo, no doubt stresses that the promotion can be enforced, but nowhere that states that the employee does not have any right to refuse promotion. Even if the official still refuses promotion on enforcement, although the aforesaid communication provides for disiplinary action against him, but it does not make a mention anywhere that he cannot refuse promotion again.
You may please re-read the following extract from your own quoted memo:
"in case the officer still refuses to be promoted, then even disciplinary action can be taken against him for refusing to obey his orders."
The said sentence speaks about "in case the officer STILL REFUSES to be promoted" but does not speak that promotion may be re-enforced in that case also. The sentence provides for only disciplinary action.
Please don't forget that if the Government is making laws against bonded labour, it cannot make draconian rules for its own employees to treat them as bonded labours.
Circumstances with all the Government employees are not the same all the times. They have their own compulsions if they don't want to accept promotion. It is not always the reason of lesser fixation of pay, family compulsions are also there for some employees that compel them not to move out of their place.
