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will non-sanctioned post constitute next grade of hierarchy?

(Querist) 18 June 2011 This query is : Resolved 
Sir,
In NYKS a central autonomous body, the post of Junior Accountant in the scale of pay of 4500-125-7000 is not sanctioned post as on the date of implimentation of the scheme of ACP. The Post was sanctioned in 2007 while ACP was implimented on 16-05-2001. The Post of Junior Accountant is the next grade of hierarchy to the Accounts Clerk cum Typists in the scale of pay of 4000-100-6000.
Only ad-hoc promotions were made for 5 Junior Accountants which were regularized in 2007 after posts are sanctioned.
Above the post of Junior Accountant is Junior Accounts Officer/Accountant in the scale of pay of 5500-175-9000 which is a sanctioned post.

Normally a post will be created, then RRs will be framed and then appointments will be made while in NYKS posts are filled up in 1987 RRs framed in 1998 and posts sanctioned in 2007. That is totally reverse.

In this situation, will ad-hoc promotions (ACT to Junior Accountant) given is valid (non-sanctioned Posts) and constitute the next grde of hierarchy for the post of ACT? Please reply
Isaac Gabriel (Expert) 19 June 2011
Though you are in non-permanent post, your services are regular and confirmed. You are eligible for all the service benefits
prabhakar singh (Expert) 19 June 2011
Mr.Isaac Gabriel HAS RIGHTLY OPINED.
M.RAMACHANDRA RAO (Querist) 20 June 2011
The services will be regularized only after sanction of posts, Please.
R.Ramachandran (Expert) 20 June 2011
Dear Mr. Ramachandra Rao,

Your matter cannot be decided by discussion in this Forum.

You people have to lobby with the Ministry concerned or have to fight out in the CAT. Chances are 50:50.

You people have to rely solely on the basis of the ACP granted by your organization and plead that a vested right has been conferred on you and it cannot be taken away. Except this plea, you people have no other plea.

I do not know whether your matter is already before CAT or not? And if so, at what stage?


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