Give solution of the problem written below:
satish kumar
(Querist) 04 February 2015
This query is : Resolved
1. 3 candidates recruited in yr. 1988: eg. verma, khajuria & srivastava as assistant programmer and promoted to B group officer.
2. 8 candidates recruited in yr. dec 1991:eg. bharat, dalmia, sahni, inderjit, khanna, Bhatia, Asish, rampal as Assistant programmer promoted to B group officer except BHATIA.
3. 5 candidates recruited in 1991:eg. KK, Deepak, tiwari, rawat, khurana as Data Processing superintendent (DPS) and promoted to AP.
4. 4 candidates recruited in yr. 1991:eg. akshay, chartley, mazumdar, baljinder as console operator and promoted to AP.
5. 4 candidates recruited in yr. 1992: eg. rajesh, saini, sindh paul, anil Sharma as DPS and promoted to AP.
6. 3 candidates recruited in yr. 1996: eg. Akash, simiran, ashwani as DPS and promoted to AP.
7. 2 candidates recruited in yr. 2000 and appointed in 2003 with computer degree from a recognized institution ie from a university: satish, ashok as DPS and promoted to AP. 3 yrs.late appointment due to the serving candidates in the railway(RCF) opposing the appointment of the candidates who possess the computer degree from a recognized institution.
The eligibility criteria of AP and DPS are the same except in experience till recruitment yr. 2000. After 6th pay commission, AP an DPS post merged as sr. Engr./IT.
Out of 29 candidates, only 2 candidates mentioned at point no. 7 possesses the computer degree from a recognized institution and some as private degree and some as none ie not fulfilling the eligibility criteria. Private degree are not demanded but still appointed.
Now differences started to occur between all candidates that those who don’t possess the computer degree can’t be appointed and promoted. Those candidates who possess the computer degree & recruited later demanded promoted first over the former recruited without computer degree and demanding demotion of the candidate who recruited former without computer degree & got promoted.
Some candidates now achieved the service of 23 yrs or more and some are less than 20 yrs & greater than 12 years and not get any promotion still.
Some candidates inserted forged degree of computer to show that we have appointed with computer degree from a recognized institution so that he might got promotion first.
CAT,chandigarh decision is also very worriedful in OAno 1025/PB/2013. see the judgment in the site of CAT'judgement.
now I decided to file a writ in P & H high court.
interested person may Pl answered satisfactorily and advise me be better solution of the problem mentioned above.
Anirudh
(Expert) 04 February 2015
You have to indicate whether the persons mentioned by you in serial 1 to 6 were promoted prior to the merging of cadre in the 6th Pay Commission or before.
If they were promoted prior to the coming of 6th pay commission, where the eligibility condition of Degree certificate in computer has been prescribed, you cannot ask them to be demoted. It will never be done.
If after the coming into force of the condition that Degree certificate in computer is must for promotion to the higher post, only if anybody gets promoted without degree course you can question. Otherwise not.
Rajendra K Goyal
(Expert) 04 February 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Time-limitation-of-service-after-which-one-can-t-challenge-its-appointment-seniority-promotion--521521.asp#.VNIirtKUePw
http://www.lawyersclubindia.com/experts/Time-limitation-of-service-after-which-one-can-t-challenge-its-appointment-seniority-promotion--521746.asp#.VNIjKdKUePw
Guest
(Expert) 04 February 2015
Repeated Query
Sudhir Kumar, Advocate
(Expert) 07 May 2015
repeated
http://www.lawyersclubindia.com/experts/pl-advice-me-a-sr-advocate-who-is-well-conversant-in-service-rule-and-railway-establishment-to-fi--520226.asp
