Stalling promotion

Isaac Gabriel (Querist) 02 March 2014 This query is : Resolved
The Chief Executive post in an organisation fell vacant from July 2013.The next man in the seniority list was likely to be promoted for the post.But a junior to him filed a case in the high Court in june 2013 for revision of seniority which was fixed 20 years back with a view to stall promotion. As such,the Management has deferred the promotion till the disposed of the case.This case is filed at Principal bench Madras,whereas the juridictional court is Madurai bench.Seniors pl.guide.

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Devajyoti Barman (Expert) 02 March 2014
This is a writ matters. Ask fro early hearing of the case so that all those issued can be heard. You can not make piecemeal hearing of the case.
Mention the case and enlist the case for early hearing.

Guest (Expert) 02 March 2014
Promotion cannot be withheld merely on the ground that the seniority issue of the junior was under court's scanner, unless stay order is issued by the court for specific purpose. The Board can issue orders of promotion with a rider about the promotion being subject to review on receipt of court's decision on the junior's petition.

Isaac Gabriel (Querist) 03 March 2014
Thanks a lot to. Both of you for your immediate response.

Guest (Expert) 03 March 2014
You are welcome.

Sudhir Kumar, Advocate (Expert) 08 March 2014
legally the management is not bound to stall promotion unless there is a stay order.

However if the administration decides not to fill the post for the time being then the claimant of promotion has no right.

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