Validity of order given retrospective effect

Querist : Anonymous (Querist) 31 December 2011 This query is : Resolved
In a Govt.Deptt, 15o employees had been promoted in 2009 on regular basis under a special promotion scheme. In 2011, a recruitment order is issued wherein provisions made for review of promotions given in 2009. This order given effect from 1.1.2011. The grounds for review of promotions granted in 2009 is that the reservation orders were not then followed. If the exercise of review is done under the present order, it shall amount reversion of general category candidates and thus affect adversely their interests.
Please clarify
(i) whether such order issued in 2011 given effect from 1.1.2011 containing provisions of review of promotions made in 2009 is valid in law;
(ii) whether the promotions granted in 2009 can be reviewed in 2011;
(iii) what is the suggestion for safeguard to these promoted employees.

Follow Query

Report Abuse

Sudhir Kumar, Advocate (Expert) 31 December 2011
Your questions can be replied :-
(i) whether such order issued in 2011 given effect from 1.1.2011 containing provisions of review of promotions made in 2009 is valid in law;

Ans : yes.

(ii) whether the promotions granted in 2009 can be reviewed in 2011;

Ans : Yes a review DPC can be held if the illegality is detected. As per FR31A the excess paid salary can also be recovered from wrongfully promoted persons or from the persons responsible for such promotion.

(iii) what is the suggestion for safeguard to these promoted employees.

Ans : Ther is no safeguard for protection of a promotion whose illegallity has been deected. However, it appears taht the promotions are being reviewed due to non-implementation of reservation policy. The genera candidate facing reveton have a right to be heard and such review cannot be done with any Show Cause Notice. These emlioyees have right to know whether the reservation roster was ealrier applied incorectly in 2009 (if so how) or it is now being applied incorrectly. They also have a right ot know if the caste certification has been verifed before exercising reservation on promotion. A highly subjective matter none can give proper advise without seeing the details of the case (I) promotion order (II) reservatin order (III) recruitment rules (IV) results of the qualifying exam (if any prescribed) inr espect of all candidated in the considertion zone.

Raj Kumar Makkad (Expert) 01 January 2012
I think the detailed reply has already been provided and there are less chances to intervene in the policy matters. Unless and until the policy is found perverse to law or against the basic essence of constitution, you can do nothing and such general category candidates can safeguard their interest only on the grounds already told above.