Loss of seniority
kehar singh
(Querist) 01 February 2016
This query is : Resolved
Respected Learned members,
As per service rule of my cadre an employee is eligible for promotion to the post of Accounts Officer provided he has rendered 6 yrs of service as Sr. Accountant.
In 2009, the govt reviewed the cadre strength and 10 post of Accounts Officer were increased. Myself and other 9 were given promotion to the post of Accounts Officer on officiating capacity only in January 2009 as we were yet to complete 3 months more service as Sr. Accountant.
But the Govt. absorbed us as Accounts Officer under Substantive Capacity in July 2013 only as a result our next promotion is going to be due in 2018 only.(again 6 yrs from date of absorption in substantive capacity as AO)
Our request to the Govt is that since we held the charge of Accounts Officer in 2009 and no doubt we have not qualified to be absorbed under Substantive Capacity just by 3 months so the confirmation as substantive post may be treated at least from April or May 2009 thereby treating us to have rendered 6 yrs of service under substantive capacity as AO so that there may not be loss of 4 and half years in our seniority.
But the DOPT is not ready to accept our request.
So my request to the learned members is to provide necessary support if anything can be done in this matter or not.
Guest
(Expert) 01 February 2016
If the promotion was not on the basis of selection basis and the DPC was due as per the recruitment rules, you can be made eligible for absorption in substantive capacity from the date of your completion of qualifying period of 6 years for promotion, or from the date from which the posts were made permanent, or from the due date of DPC, whichever was later.
So, at first represent to the cadre controlling authority of your department to revise the date of confirmation accordingly, before thinking of legal recourse. Wait for the response of the cadre controlling authority for some period, remind him twice or thrice, if need be, before filing any court case. But you must first be sure about the exact date of permanancy of the posts, before making representation even. You can use RTI for getting information, if not sure at present.
Rajendra K Goyal
(Expert) 02 February 2016
Well advised, agree with the expert PS Dhingra ji.
