merging of 2 unequals as equals for promotion
ami
(Querist) 21 November 2010
This query is : Resolved
Respected experts
Lecturers are recruited thro'direct recruitment and by promotion in various subjects.Their nature of duty is only TEACHING.They should have post graduation to be a lecturer.they get promotion as vice principal which is a group B gazetted post.They draw a pay 6500-10500.They require 5 years residency period in their feeder post for promotion.Middle school Headmasters(HMGrII)have only promotion and not recruitment.They should have only graduation with 3 years residency period for promotion to High school headmaster post(HMGrI)The HMGr II are administrative posts.HMGrII draw pay as 6500-10500.Their promotional post is HMGrI whish is a non-gazetted post.
Now how the lecturers and HMGrII be merged together in the ratio of 2:1 for promotion to thre post of HMGrI/Viceprincipal?How these two UNEQUALS be TREATED as EQUALS ?Is it good under law to amend the RRs accordingly?Please cite orders of the courts that state that unequals can not be treated as equals for promotion in the light of the above illustration(i.e lecturers vs HMGrII)-AMI
R.Ramachandran
(Expert) 22 November 2010
Framing of Recruitment Rules are based on policy decision of the Organization concerned. The Organizations would know what is best for the organization and would frame the RRs accordingly. If in the process - what according to you equals and unequals - get into the same stream of promotion due to merger in whatever may be the ratio, the Administration is well within its rights. Nobody can stop anyone from challenging such an action by the Management, but ultimately the Court will rule in favour of the Administration, since Administration is the best judge to frame its policies and guidelines and rules and regulations. The courts will interfere only when there is any discrimination in implementing the Rules and Regulations and not in the very framing of Rules and Regulations itself.
ami
(Querist) 22 November 2010
Respected Experts ,thank u very much for ur reply, But i need the following to be detailed,please."The courts will interfere only when there is any discrimination in implementing the Rules and Regulations and not in the very framing of Rules and Regulations itself."We are sure that there is sheer discrimination.-AMI
R.Ramachandran
(Expert) 22 November 2010
If you so strongly feel that there is sheer discrimination, then you have every right to approach the Court to get redressal to your grievances and the Courts will definitely ensure that discrimination is not allowed.
