Time limitation of service after which one can't challenge its appointment,seniority & promotion
satish kumar
(Querist) 02 February 2015
This query is : Resolved
after what time of the service of a person, one can't challenge his appointment, seniority & promotion even he is not fulfilling the eligibility criteria at the time of selection and other persons who joined later 10 yrs from the former in service who completely fulfill the eligibility criteria can challenge the appointment/promotion of the former by the later who did his also 10 yrs service?
P. Venu
(Expert) 03 February 2015
What is your problem, if any?
Rajendra K Goyal
(Expert) 03 February 2015
Have you taken up the matter with your employer?
Guest
(Expert) 03 February 2015
Academic query.
satish kumar
(Querist) 03 February 2015
1. 3 candidates recruited in yr. 1988: eg. verma, khajuria & srivastava as assistant programmer and promoted to B group officer.
2. 8 candidates recruited in yr. dec 1991:eg. bharat, dalmia, sahni, inderjit, khanna, Bhatia, Asish, rampal as Assistant programmer promoted to B group officer except BHATIA.
3. 5 candidates recruited in 1991:eg. KK, Deepak, tiwari, rawat, khurana as Data Processing superintendent (DPS) and promoted to AP.
4. 4 candidates recruited in yr. 1991:eg. akshay, chartley, mazumdar, baljinder as console operator and promoted to AP.
5. 4 candidates recruited in yr. 1992: eg. rajesh, saini, sindh paul, anil Sharma as DPS and promoted to AP.
6. 3 candidates recruited in yr. 1996: eg. Akash, simiran, ashwani as DPS and promoted to AP.
7. 2 candidates recruited in yr. 2000 and appointed in 2000 with computer degree from a recognized institution ie from a university: satish, ashok as DPS and promoted to AP. 3 yrs. late due to the serving candidate in the railway opposing the appointment of the candidates who possess the computer degree from a recognized institution.
The eligibility criteria of AP and DPS are same except in experience. After 6th pay commission, AP an DPS post merged as sr. Engr./IT.
Out of 29 candidates, only 2 candidates mentioned at point no. 7 possesses the computer degree from a recognized institution and some as private degree and some as none ie not fulfilling the eligibility criteria. Private degree are not demanded but still appointed.
Now differences started to occur between all candidates that those who don’t possess the computer degree can’t be appointed and promoted. Those candidates who possess the computer degree & recruited later demanded promoted first over the former recruited without computer degree and demanding demotion of the candidate who recruited former without computer degree & got promoted.
Some candidates now achieved the service of 23 yrs or more and some are less than 20 yrs and not get any promotion still. can later appointed candidates who possess the computer degree from a recognized institution challenge the appointment, seniority and promotion of the former appointed candidates without computer degree although the middle appointed candidates is not interested to challenge and mum over it.
Some candidates inserted forged degree of computer to show that we have appointed with computer degree from a recognized institution so that he might got promotion first.
now give reply to me after going through the problem mentioned above.
T. Kalaiselvan, Advocate 
(Expert) 03 February 2015
You make make representation with your employer and wait for his reply or action. After that decide about the next course of action.
Guest
(Expert) 04 February 2015
Is it your problem? If so, why your name does not appear in the names of candidates and how and with whose problem you are concerned?
Secondly, what you have stated is not the problem, but a history of recruitment and the nature of conflict between the high and low qualified employees in totality, BUT NOT your personal problem. If you think how to sort out the conflict between the high and low qualified employees, it is not your personal problem, rather the problem of the department, for which the department concerned can hire services of some service law expert if it cannot resolve the issue departmentally, as a deep policy matter is involved, which can result in to a lot of time consuming deliberations and cannot be solved through some casual query, like yours.
Thirdly, it has also to be seen what modifications have been proposed or introduced by the department in the recruitment and promotion rules of the two merged different cadres with particular refernce to eligibility conditions for promotion, inter-se seniority of the merged cadres, as based on the recommendation of the Pay Commission.
Moreover, you can expect solution to your own personal problem, but not for and on behalf of the department for two different cadres as a whole, as recruited in different years with different qualifications and recruitment rules during the last 27 years.
So. unless basic types of information and how you are effected is provided, no definite opinion about your specific problem can be made.
P. Venu
(Expert) 04 February 2015
It appears that the query refers to the anomaly that has arisen from the merger of pay scales S-9, 11 & 12 on the recommendation of the sixth pay commission. It is a fact that the merger has given rise to many anomalies, some of which are still defying resolution. Perhaps, time alone will cure them.
The only guiding principle could be that no improvement could be made with retrospective effect to the disadvantage of any serving employee as such decisions needs to be informed by Right to Equality.
Sudhir Kumar, Advocate
(Expert) 07 May 2015
repeated
http://www.lawyersclubindia.com/experts/time-limitation-of-service-after-which-one-can-t-challenge-its-appointment-seniority-promotion--521746.asp#.VUrn4vCupVI
Sudhir Kumar, Advocate
(Expert) 07 May 2015
also repated
http://www.lawyersclubindia.com/experts/give-solution-of-the-problem-written-below--521836.asp#.VUrn2_CupVI
dr g balakrishnan
(Expert) 27 July 2016
you have to question within 60 days of your sort of issue; else you may not succeed.
Dr J C Vashista
(Expert) 28 July 2016
If you have sufficient idol time to spend, do not waste precious time of experts on this platform by repeating same questionnaire and hypothetical story time and again, which is sheer abuse of process of Social Service rendered by experts.
It is ridiculous.
