Reg-seniority

sanjay verma (Querist) 12 March 2012 This query is : Resolved
Dear Sir/Madam
With due respect I submit that I a working as Manager(E3) Air Traffic Control in AAI. I hav joined the department as JE(ATC) in 10th July 2005. Our recruitment process started in Dec2002 and after a period of almost two and a half year we got the joining letter. First batch of our recruitment join the training centre in April 2005. At that time according to the then existing R&P Rules,a non executive is promoted to executive in the grade of AM after the regular service of 8 years and also he/she should complete the ADC/APP course before getting promotion to an executive cadre. This all informaion I have confirmed through different RTIs from our department. And also the DR-DP ratio roster should also be maintainted by every department. By putting all these facts aside AAI management has promoted 166 non executive to AM(ATC)in June 2005 and that too without maintaining any DR-DP interlacing.Now all these promotees are above from our recruitment in seniority even though out of them 80 non-executives have completed only 5years of service and not completed ADC/APP course also. MY query is weather this kind of promoton is chalanged in court and weather the seniority can be fixed from the date of starting of recruitment process. Also AAI mangement has not maintained any DR-DP ratio since 2000. Please guide me on this matter so that I can poceed in the right direction. We have already in the Delhi Highcourt regarng this matter since 2008 but till now nothing is achieved. I am posted at Mangalore and can I file a case from here also while our CHQ is in Delhi?

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Deepak Nair (Expert) 13 March 2012
A case is already pending. Thus, a subsequent case for the same cause of action is not maintainable.

Regarding your issue in the query, I would say that it depends on the policy and rules & regulations with tespect to AAI. If the said promotions etc are in violation of rules and regulations and policies, then you can definitely challenge the same.

Anyway, wait and watch for the developments in the already filed case in Delhi.

Ajay Bansal (Expert) 13 March 2012
As advised above.

Guest (Expert) 13 March 2012
Seniority becomes effective after actual joining of the new recruit, but without affecting the original merit based seniority in the select list amongst the recruits of the batch. For rest of your question, I endorse the views of Shri Nair.

Sudhir Kumar, Advocate (Expert) 13 March 2012
DPs always joing prior to the joining of DRs of previous recruitment year. They are not entitled to take sernioirty above the persons already selected in previous recruitmetn year.

The cencept ofdate of joining being date of serniority is a matter of history.

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