Dpc
Guest
(Querist) 09 April 2016
This query is : Resolved
Respected Experts
I work as TGT (Hindi) since 2000 with good APAR in one of the school run by Ministry of defence where for past 4 yrs no DPC has taken place. i am eligible and seniormost TGT candidate for Promotion. My querry is
1. Isn't DPC must be held every year as per rules?
2.if DPC is not held then can the authorities be held responsible for that and sued in the court?
3. can the eligible employee ask for seniority and salary benefit from retrospective effect?
4. Can the benefits from retrospective effect can be denied to me?
5. what course of action should i follow although this year i have begun with writting letters and before this only verbally this thing was projected by me to my seniors visiting the school?
Sudhir Kumar, Advocate
(Expert) 10 April 2016
1. Isn't DPC must be held every year as per rules?
NOT BINDING
DPC TO BE BEHELD IF THERE IS A VACANCY AND THE GOVT WANTS TO FILL IT.
Sudhir Kumar, Advocate
(Expert) 10 April 2016
2.if DPC is not held then can the authorities be held responsible for that and sued in the court?
NO
Sudhir Kumar, Advocate
(Expert) 10 April 2016
3. can the eligible employee ask for seniority and salary benefit from retrospective effect?
NOT AT ALL
Sudhir Kumar, Advocate
(Expert) 10 April 2016
4. Can the benefits from retrospective effect can be denied to me?
YES
Sudhir Kumar, Advocate
(Expert) 10 April 2016
5. what course of action should i follow although this year i have begun with writting letters and before this only verbally this thing was projected by me to my seniors visiting the school?
ONLY REQUESTING AUTHORITIES CAN HELP.
Sudhir Kumar, Advocate
(Expert) 10 April 2016
I can understand what organisation you are in and why DPC is being denied.
But due to smartness shown in other threads I decide not to give you much benefit out of my experience.
Sudhir Kumar, Advocate
(Expert) 10 April 2016
you were already guided laswt year on the same subject
http://www.lawyersclubindia.com/experts/promotion-534836.asp#.Vwm3XzFMzwo
P. Venu
(Expert) 10 April 2016
Is it your case that DPC is not held in spite of vacancies?
Rajendra K Goyal
(Expert) 10 April 2016
1. Isn't DPC must be held every year as per rules?
__ Not necessary. Please refer rules in your knowledge otherwise.
2.if DPC is not held then can the authorities be held responsible for that and sued in the court?
-- Not a ground, no merit to sue.
3. can the eligible employee ask for seniority and salary benefit from retrospective effect?
--- Has no merit in the claim.
4. Can the benefits from retrospective effect can be denied to me?
-- Yes it can be denied.
5. what course of action should i follow although this year i have begun with writting letters and before this only verbally this thing was projected by me to my seniors visiting the school?
-- You can request, decision depend on policy.
Guest
(Querist) 10 April 2016
Goyal sir n Sudhir sir thanks for ur valuable advice
Goyal sir
1. Does that mean despite available vacancy in the dept and I being eligible candidate for the same in every aspect for the said post. My dept can deny Promotion without any reason?
Rajendra K Goyal
(Expert) 10 April 2016
Does that mean despite available vacancy in the dept and I being eligible candidate for the same in every aspect for the said post. My dept can deny Promotion without any reason?
-- You can proceed legally if no fare chance is given to you in promotion exercise whenever take place.
Sudhir Kumar, Advocate
(Expert) 10 April 2016
There is no legal remedy of the deptt does not wish to fill a post.
Deptt is also not expected to record or convey reasons for not filling a post.
remedy can lie only if the post is filled in irregular manner.
the querist was advised in detailed one year back.
I can visualise (may be wrong) which is the organisation and why post is not filled.
I am at the moment restraining myself from advising him.
Guest
(Querist) 11 April 2016
Thank u experts for ur valuable guidance.
Sudhir Kumar, Advocate
(Expert) 13 April 2016
there is no point in thanking as no advise has been given on this page.
I can visualise (may be wrong) which is the organisation and why post is not filled.
But I will now share these thoughts on open page. You can send PM if you really feel that I know more.
