Promotion from the date of vacancy

k. venu madhav (Querist) 18 April 2012 This query is : Resolved
Ours is a Govt. of Andhra Pradesh Corporation. an officer is promoted as manager in January 2012. the vacancy in the cadre of manager arose in August 2011. the officer is insisting that she should be promoted from 1.8.2011. Can she be considered for promotion from 1.8.2011.

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Sudhir Kumar, Advocate (Expert) 18 April 2012
she cannot claim salary retrospectively. By the way what is your problem to give her such promotin from that date :-

(i) if she was eleigible on that date.
(ii) if none else was claiming vacancy on that date.

Guest (Expert) 18 April 2012
If she has not discharged duties and responsibilities of the post from 1.8.2011, she cannot claim her promotion from that date. There is no concern about the date from which the post remained vacant. Her claim stands from the date on which she took charge of the job on promotion. She can claim proforma promotion under the Next Below Rule only in the case where some one junior to him was posted to officiate on that post provided that none of his senior was due for promotion from that date and further that if the promotions in the corporation are also regulated by the State Government Rules.

ajay sethi (Expert) 18 April 2012
agree with dhingraji. it will be from date she took charge of the job

prabhakar singh (Expert) 18 April 2012
From the date he/she holds office.

Raj Kumar Makkad (Expert) 18 April 2012
There is no such law supporting that officer claiming his right from the date of vacancy. If the same formila is adopted then he may also demand the salary even from the earlier day of his childhood, had the post remained vacant.

venkatesh Rao (Expert) 19 April 2012
Filling up of a post either by promotion or recruitment is at the sweet will of the government and no one seek or demand it. Even the courts are slow in intervening with such policy matters. Govt. can keep the vacancy all along or even abolish the post.

K.S.Srinivas (Expert) 23 April 2012
Agreed with experts raj kumar makkad and venkatesh rao

k. venu madhav (Querist) 28 April 2012
Thanks to all the experts who gave thier valued opinions. thanks once again.

Guest (Expert) 28 April 2012
You are welcome.

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