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Seniority issue

(Querist) 07 October 2024 This query is : Resolved 
Dear SIr,
I Joined as Junior Technical Superintendent (4200/- Grade Pay) in Department 1 in August 2001. The Next promotion in Department 1 is to the post of Technical Superintendent (4600/- Grade Pay) in 2011 after a qualifying service of 10 years.
I opted for Technical Resignation with RIGHT TO LIEN (Five years) from Department 1 in December 2016 to Join same Department 1 as Research Establishment Officer (5400/- Grade Pay) for a tenure of 5 years. After my term got over, I joined back to my original position as Technical Superintendent on 15 December 2021.
In this scenario I lost my seniority, all my batch mates were promoted as Sr. Technical Superintendent w.e.f. 01.01.2018. Where as I was promoted as sr. Technical Superintend w.e.f. 01/01/2022.
What will be my seniority? I am likely to be promoted in 01.01.2018. What will be my seniority in the Promoted cadre of Sr. Technical Superintendent?
Regards
Sharad
T. Kalaiselvan, Advocate Online (Expert) 07 October 2024
You can claim seniority for the purpose of promotion because you were on lien during the interim period.
you can make a representation to the department hear through proper channel and seek remedy and relief.
If your application for restoring your seniority with effect from the actual due date is not entertained you may approach CAT with an application seeking intervention, relief and remedy.
kavksatyanarayana Online (Expert) 07 October 2024
Yes. You shall submit a representation to the next higher authority of the department for your seniority and if not fruitful you may approach CAT.


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