Promotion and seniority after pay protection
anisha
(Querist) 12 August 2018
This query is : Open
Sir,
I have worked at igims autonomous institute from 2feb2012-31mar2014(2yrs) on direct recruitment,after which I got selected at aiims patna through direct recruitment (1apr till date ie more than 4 yrs) on the same post as staff nurse gr 2(first batch of nurses at aiims). At aiims my pay got protected and my past service is counted.
As my past past service is counted now I have a total of more than 6 yrs.
Sir my question is
1) In our recruitment rule promotion for my next level requires 3 yrs in 4600 gr pay, and as my past service is counted I am eligible for promotion.will my promotion be from back date?
Guest
(Expert) 12 August 2018
Benefit of pay protection does not carry benefit of seniority with it. Over-riding seniority cannot be given to a new employee over and above the existing employees.
kavksatyanarayana 
(Expert) 12 August 2018
Yes. Only pay protection can be benefited. And your seniority will be counted only for the purpose of service. But for promotion your seniority will be counted from the date of joining in new department.
Sudhir Kumar, Advocate
(Expert) 13 August 2018
1) In our recruitment rule promotion for my next level requires 3 yrs in 4600 gr pay, and as my past service is counted I am eligible for promotion.will my promotion be from back date?
No. The period will count of service for everything seniority.
Your seniority will not start strictly from date of joining but from the 1st January following the year of selection provided there is no contrary provision in recruitment rules for the post.
anisha
(Querist) 14 August 2018
Thank you sir
Here but I would like to being into your kind reference that a case reserved on 19 jan 12 at central administrative tribunal,principal bench ,new delhi by applicant dr ashima nehra wadhwa against aiims new delhi seeking pay protection and consideration of past service for promotion was granted
Date of decision 31 jan 12 by honorable justice V K Bali.
Sir pls guide that if the above reference will be beneficial for me.
anisha
(Querist) 14 August 2018
Thank you sir
Here but I would like to being into your kind reference that a case reserved on 19 jan 12 at central administrative tribunal,principal bench ,new delhi by applicant dr ashima nehra wadhwa against aiims new delhi seeking pay protection and consideration of past service for promotion was granted
Date of decision 31 jan 12 by honorable justice V K Bali.
Sir pls guide that if the above reference will be beneficial for me.
anisha
(Querist) 14 August 2018
Thank you sir
Here but I would like to being into your kind reference that a case reserved on 19 jan 12 at central administrative tribunal,principal bench ,new delhi by applicant dr ashima nehra wadhwa against aiims new delhi seeking pay protection and consideration of past service for promotion was granted
Date of decision 31 jan 12 by honorable justice V K Bali.
Sir pls guide that if the above reference will be beneficial for me.
anisha
(Querist) 14 August 2018
Thank you sir
Here but I would like to being into your kind reference that a case reserved on 19 jan 12 at central administrative tribunal,principal bench ,new delhi by applicant dr ashima nehra wadhwa against aiims new delhi seeking pay protection and consideration of past service for promotion was granted
Date of decision 31 jan 12 by honorable justice V K Bali.
Sir pls guide that if the above reference will be beneficial for me.
anisha
(Querist) 14 August 2018
Thank you sir
Here but I would like to being into your kind reference that a case reserved on 19 jan 12 at central administrative tribunal,principal bench ,new delhi by applicant dr ashima nehra wadhwa against aiims new delhi seeking pay protection and consideration of past service for promotion was granted
Date of decision 31 jan 12 by honorable justice V K Bali.
Sir pls guide that if the above reference will be beneficial for me.
Guest
(Expert) 14 August 2018
Provision of RRs hold the key. Otherwise, rules cannot be flouted even by t he CAT/court of law, unless treated as void or unconstitutional. You may check the provisions of the RRs or see if there is any similarity of your case with that of the Doctor.
anisha
(Querist) 07 September 2018
Sudhir sir
1st jan following the year of selection means? Is it joining
Sir my date of joining is 31/3/14.
anisha
(Querist) 09 September 2018
Sudhir sir 1st jan following the year of selection means? Is it joining Sir my date of joining is 31/3/14.
