Seniority protection
Amit Wadehra
(Querist) 18 January 2013
This query is : Resolved
I am working in Public Sector Undertaking in the Executive Cadre. The Undertaking is governed by its own Recruitment, Promotion & Seniority Rules.
I am holding regular BBA(CAM) & MBA (HR-IR) degree from GGSIP University, Delhi and also Post Graduate Diploma in Labour Laws from Indian Law Institute, New Delhi. I was shortlisted to appear for Interview on 24.02.2006 for the post of Management Trainee (HR) under Company's campus recruitment scheme, I was selected as Management Trainee (HR) vide letter dated 15.02.2006.
2. After successful completion of my Training as Management Trainee (HR) I was appointed as Assistant Manager(HR) w.e.f. 03.04.2007.
3. Further, it is informed that Mr. X and Mr. Y were appointed as Management Trainees (Vigilance & Security) and their training in the V&S Cadre commenced from 01.02.2006, on successful completion of their Management Training program they were appointed as Assistant Manager(Vigilance & Security) w.e.f. 01.02.2007 and subsequently they were confirmed as Assistant Manager (Vigilance & Security) in Z company (PSU) w.e.f. 01.02.2007.
4. I was functioning and continue to function to the fullest satisfaction of my superiors as Assistant Manager (HR) w.e.f. 03.04.2007. The Corporation segregated the Vigilance & Security Cadres in the Manpower Restructuring Exercise which took place in 2008, and showed no post for Assistant Manager in Vigilance Cadre.Mr. X and Mr. Y were working as Assistant Manager (Vigilance & Security), subsequently in September 2008 they were re-designated as Assistant Manager (HR) as per option given by them.
5. The Rule position in this case may please be confirmed. As far as I know the rule position in this case is that any new entrant to the cadre would be junior to the incumbents already in the cadre and this is the practice prevailing in PSU also. In the Seniority list of the officers as on date it is seen that Mr.X and Mr.Y, Assistant Managers has been shown as senior to the undersigned in the seniority list of AM HR) whereas they are junior to me as they have joined the Cadre in September 2008 where as I was already in the cadre w.e.f. 03.04.2007. Moreover, Mr. X & Y do not even fulfill the minimum prescribed qualification to hold a post of AM(HR) as per the Recruitment, Promotion & Seniority Rules
I have submitted many representations to the Chairman of the Company to restore my seniority above Mr.X & Mr.Y as is legally proper but no answer has been received by me till date. Now, I have been promoted to Manager (HR) only after the grant of promotion to Mr. X & Mr. Y in HR Cadre only.
The executive post start from Asst Manager (16400-40500), Manager (20600-46500), Sr Manager (24900-50500), Dy General Manager & so on.
What is the remedy available to me. The interest of Mr.X & Mr.Y is protected at the cost of my career as whenever, the post gets vacant. I'll be clearly at loss always in case no post gets vacant in the next level. Need help before its too late.
regards
Guest
(Expert) 18 January 2013
Not as of practice, but as of rules, if you are sure that any new entrant to the cadre would be junior to the incumbents already in the cadre, you can approach HC/CAT/SAT, as the case may be in respect of your PSU, for taking orders against the act of the management.
But, your query, itself suggests that you joined service w.e.f. 03.04.2007, while they joined on 01.02.2007. So, please do check your position with reference to the seniority rules of your orgamisation before seeking redressal of your problem through any legal body.
Raj Kumar Makkad
(Expert) 18 January 2013
I do endorse the views of Ld. Dhingra g.
