Seniority on revoke of suspension
kehar singh
(Querist) 31 August 2019
This query is : Resolved
Sir,
I was placed under suspension from Jan 2016 to Feb 2019 . During the course of my suspension ie in Jan 2018 the govt gave promotion to the post of Accounts Officer to my both senior and junior colleague. Later on, in the month of March 2019 my suspension has been revoked without any kind of penalty and entire period of suspension has been treated as "ON DUTY". But after about two months later from the date of revocation of suspension (June 2019) although I have been given promotion to the post of Accounts Officer but the order has the effect from the date of promotion only (13/6/2019) and not with retrospective effect from the date from which my juniors also got promoted.
As my suspension was revoke without any penalty and entire period of suspension was treated as "ON DUTY" and accordingly I have received all my arrears of pay & allowances also , so my request to the department is that I should also get the promotion from the same date from which my juniors are allowed otherwise how can my junior becomes senior.
So my request is kindly advice me the next course of action and provide the reference of the orders of Hon'be High Court or Supreme court in similar cases according to which I can convince the authority and if needed file the suit in a Court of law for justice.
Isaac Gabriel
(Expert) 31 August 2019
The department ought to have given you notional promotion on par with your seniors, since all attendant benefits were granted treating the period of suspension as on duty.Submit representatio., If not complied with , file a writ petitiion at High Court.
kavksatyanarayana
(Expert) 31 August 2019
Ji, as the Suspension period is revoked and the period of suspension has been treated as "on duty", you are entitled for all benefits. so first make an appeal to the Higher authority to your appointing authority. If appeal authority rejects your representation, then file a Case in Tribunal concerned by consulting an advocate having knowledge in service matters.
Dr J C Vashista
(Expert) 01 September 2019
I concur advise of experts Mr. Issac Gabriel and Mr. Kavksatyanaraya.
Submit your representation to appellate authority through proper channel.
P. Venu
(Expert) 01 September 2019
Crucial facts are missing:-
Why such a long suspension? Was there any disciplinary proceedings?
Is the promotion granted on 13/6/2019 based on the recommendations of the DPC kept in the 'sealed cover'? If not, what was the recommendations in the 'sealed cover'?
