How to come out from regular
Lorax Michael
(Querist) 15 April 2016
This query is : Resolved
IT WAS A CLUSTER CASE WHERE 8 CLASS I OFFICER AND 18 CLASS III EMPLOYEES WERE INVOLVED. ALL CLASS I OFFICER AND 13 CLASS III EMPLOYEES WERE CHARGE SHEETED AND FINALLY CENSURED. ALL CLASS I OFFICER GOT THEIR DUE PROMOTIONS ON TIME WITHOUT LOOSING A SINGLE DAY THOUGH THE CASE WAS FINALLY DECIDED FOR THEM IN 2013. HOWEVER CLASS III DID NOT GET PROMOTION UNTIL 2014.WHICH MEANT LOSS OF 2 PROMOTIONS.
THE CASE WAS REGULARISED BECAUSE THE CASE WAS NOT PRESENTED PROPERLY BY OUR LAWYER
THERE ARE 2 SETS OF RULES IN LIC REGARDING PROMOTION. FOR CLASS I UNTIL CHARGE SHEET IS ISSUED PROMOTION CANNOT BE DENIED.FOR CLASS III ANY EXPLANATION CALLED FOR DENIES PROMOTION UNTIL CASE IS FINALISED.
I WAS NEVER CHARGE SHEETED. AND I HAD REPRESENTED THIS TO APPELLATE AUTHORITY BUT ALL IN VAIN.
I GOT PROMOTION IN 2015 INA REMOTE BRANCH IN JODHPUR BUT WAS NOT ABLE TO JOIN.
WHAT ARE THE CHANCES THAT IT WILL COME OUT OF REGULAR O
P. Venu
(Expert) 16 April 2016
"THERE ARE 2 SETS OF RULES IN LIC REGARDING PROMOTION. FOR CLASS I UNTIL CHARGE SHEET IS ISSUED PROMOTION CANNOT BE DENIED.FOR CLASS III ANY EXPLANATION CALLED FOR DENIES PROMOTION UNTIL CASE IS FINALISED."
There cannot be such arbitrary Rules. It is the law laid down by the Supreme Court in the Jankiraman judgment.
Rajendra K Goyal
(Expert) 16 April 2016
Discuss with local lawyer expert in service matter.
Rajendra K Goyal
(Expert) 16 April 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Denial-of-promotion-593591.asp#.VxHpDPl97IU
Anand Bali Adv.
(Expert) 16 April 2016
Mr Lorax, In your question you not have disclosed that to which batch of the employees you belong to, However with the expressions it is taken that you are in Class III employees.
There is a difference in the rule book it self of the employees of the LIC which states there will be mark able difference between the two categories. There are clear chances to loose this case on the merits of the verbatim by-lawys of the LIC; however on the grounds of the natural justice and law of equity you can fight the case with spl Writ petition in HC or SC and not in any tribunal please note. Here if there will be no justified explanation for making these two different procedural aspects you will win the case on pro-reta basis.
You are advised to engage a good and experienced Advocate to fight it in the Hieger court, there are fare chances to win in this case.
