Promotion denied on acquiring higher qualification
akash
(Querist) 20 April 2011
This query is : Resolved
I am central govt. employee.I obtained permission for higher qualification in 1993.At that time there was no compulsion of 1st division in HQ.I appeared in final papers of my course in Dec. 2002 and declared passed in April 2003 when result declared.I submitted my degree to administration of my department.But since there was policy decision in FEB. 2002 for compulsion of 1st division in HQ.My case was not considered for promotion. My point is that when I have no attempt remaining for examination, and I appeared in final exam before FEB. 2003 my case should be considered for promotion on HQ bassis.
Whether I can get justice in CAT?
Pl. advice me.
Thanks.
hanks.
Parthasarathi Loganathan
(Expert) 20 April 2011
What ever it is you are bound by the Service Regulations and Rules prescribed in Govt of India promotion policy and there is no recourse though you case appears to be genuine and needs redressal.
R.Ramachandran
(Expert) 20 April 2011
Dear Mr. Akash,
First clarify whether there is any policy/rule in your organization that upon acquiring higher qualification, one will be considered for next promotion?
akash
(Querist) 20 April 2011
Yes Sir,
There is a provision of "consideration for promotion after acquiring higher qualification".Employee will be recommended immediately after submission of HQ and will face an interview, and if committee declare passed then only he will get new higher post.Before Feb. 2003 ther was no compulsion of 60% min. marks.I appeared in final exam. in DEC. 2002 and obtained less then 60%
R.Ramachandran
(Expert) 20 April 2011
Dear Mr. Akash,
Please attach the scanned copy of the relevant Departmental/Organizational Instructions / Office Memorandum which provides for consideration for promotion on acquiring higher qualification.
akash
(Querist) 20 April 2011
ALL RIGHT SIR.I HAVE SUBMITTD RTI APPLICATION TO CPIO.IMMEDIATELY AFTER GETTING, I WILL ATTACH THE SAME.
THANKS
Guest
(Expert) 21 April 2011
Dear Akash,
To be frank, chances seem to be bleak, as your result would not have been declared by the date on which policy decision would have been taken by your department.
However, there can be a marginal case, if your Degree bears the date of issue, earlier than the date of policy decision. In that case you can seek justice to get promotion. So, you may just check that aspect.
akash
(Querist) 21 April 2011
Yes Sir,
My degree certificate mentioned "passed in Winter 2002" and after submission to my department till now it is appearing in my Annual confidential Reports as "AMIE, MECH.SEC. B Passed in 2002.
Sudhir Kumar, Advocate 
(Expert) 02 September 2012
A person should be eligible for promotion in all respects on the 1st January preceding the date of vacancy.
