Non-promotion in psu

If you are aggrieved over this decision then you can gather the information which proves that this promotion policy is ultra vires and against the law of the land, after which you can file a writ petition before high court  for getting justice.

Sir,

First of all thankyou for your guidance.

At present I am filing RTIs to gather information. One such information is the cut-off marks for promotion. I have filed RTI as well as First Appeal for get cut-off marks, as I am very much sure that cut-off marks will be less than the total marks I have scored. Information was denied both in RTI and First appeal. Now I have filed second appeal in CIC. 
I have also appealed to the Management as per clause available in Promotion Policy, and if no relief to granted through appeal, I shall file grievance in grievance cell of my company. Only after that, I shall file a case in court. 
Now my query is shall I file a case against promotion policy amendment of January 2022 or shall I file a case against the members of Departmental Promotion Committee for deliberately disqualifying 32 candidates in interviews who would have been promotes on merit basis if not for the interview clause. The biggest red flag is interview qualification of exactly 48 candidates, as only 48 were to be promoted out of 80.

In this way full weightage has been given to 5 min interview rather than 05 years of service record.

Thankyou

Your grievances are to be vented out before the appropriate forum,  you may first exhaust all remedies and then can plan to escalate the matter through legal sources. 

Thankyou sir

Collect all relevant policy and actual details (by hook or crook) and submit your representation / appeal before appointing authorities before moving to appropriate / jurisdictional Court / Tribunal through a local prudent lawyer practicing service matters.

Sir,

I have already submitted an appeal before company management as appeal had to be filed within 45 days of issue of Promotion Order. But at the time of filing of appeal, I had no information about my own marks, cut off marks, no. of qualifying candidates in interview etc. I am waiting for the response of the appeal filed. 
In the meantime I am collecting information through RTIs.

You can await the respone from the appellate authority after which if the decision is unfair and unjust you can raise a dispute in this regard before the court competent to get your grievances redressed 

Yes sir, I am doing just that. I am planning to file another RTI which might make the management bit uncomfortable. My only fear is they might transfer me in response to that RTI to a location far from my present location. I am already posted in a remote location.

Is there any remedy against that possible transfer?

There are tow aspects :-

(I)

YOUR TERMS AND CONDITIONS OF SERVICE WERE ALTERED TO YOU DISADVANTAGE AND APPLIED TO EMPLOYEES EXISTING UNDER EARLIER CONDITIONS.

Remember in 2004 the Govt of India decided to replace the ensipn with NPS w.e.f. 1.4.2004 but could not do so in case of employees recruited till date of notification later the employees whose appointment process has started prior to 1.4.2004.

You may put RTI to the DOPT to know get the copy of entire noting leading to both these decisions and may get some cue.

(II)

EVEN IN THE NEW REGULATIONS THOSE SCORED LE THAN YOU ARE PROMOTED AND NOT YOU.

Prima-facie financial upgradation (time bound promotion) is not a formal promotion and does not alter seniority.  You have not clarified whether any change of seniority above is conferred to those who scored less than you.

Notwithstanding.  This seems to be a case fo differential treatment under similar circumstance which a govt body cannot do.  This appears challengeable.

Thanks a lot sir for such an elaborated clarification. 
Before that promotion, seniority was not altered. But now after promotion seniority has been altered. Promoted candidates have been conferred seniority.

In which way the seniority is altered. has anyone belonging to later selectipon or having scored lower than you in same selectiopn or persons junior to in feeded grade with same score  ; been placed above you.

Candidates who scored lower total marks than me have been promoted. I was eliminated for disqualification in an interview. 
Any candidate who joined after me has not been promoted yet. But it might happen next year, as one batch junior to me becomes eligible for the promotion. It has become the norm in our PSU to promote Junior before Senior by disqualifying the senior in an interview.

Another norm is the interview qualification of only promoted candidates, the rest of the candidates are disqualified in an interview, despite having more marks than promoted ones.

In this way, candidates scoring less marks in totality are being promoted.