shanawaz khan (clerk) 02 July 2014

Promotion dispute in govt secotr

Dear Sir

My question is about promotion in govt service

I work for a govt organization . i have been working in a certain grade for few years. i had been promoted to that grade after serving minimum of five years in previous grade as per our rule. now there is a direct recruit to my present grade & he has come there by virtue of his higher qualification than me. now there is a vacancy in next higher post & only qualification for that post is that 5 years of serve in previous post should have been completed & not dependent on qualification.

now i have completed 7 years in this grade & the direct recruit has completed 5 years in this grade. we both qualify for higher post. but who is senior is the question.

expecting your answer & is there any judgement by supreme court in this matter?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 July 2014

12. Recruitment to Selection Grade and Grade I.- (1) Vacancies in the Selection Grade shall be filled by promotion of regular officers of Grade I who have rendered not less than five years’ approved service in that Grade and are included in the Select List for the Selection Grade prepared under sub-rule (4).

$$(2) Vacancies in Grade I shall be filled by promotion of regular officers of the Section Officers' Grade who have rendered not less than eight years’ approved service in that Grade and are included in the Select List for Grade I of the Service, prepared under sub-rule (3).

(3) For the purpose of sub-rules (1) and (2) a Select List for the Selection Grade and Grade I shall be prepared and may be revised from time to time. The procedure for preparing and revising the Select Lists shall be such as may be prescribed by regulations made by the Central Government in the $Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions.

Provided that the regulations relating to the procedure for preparing and revising the Select List for Grade 1 shall be framed in consultation with the Commission and such Select List shall also be prepared in consultation with them.

(4) Notwithstanding anything contained in sub-rules (1) and (2), D, any person eligible to be considered for promotion to the Selection Grade under sub-rule (1) or to Grade-I under sub-rule (2) may be appointed to officiate in a temporary vacancy for a period not exceeding three months, in the Selection Grade or Grade I, as the case may be, if an officer included in the Select List for the relevant Grade is not available or cannot for any reason be appointed to such vacancy:

Provided that the aforesaid period of three months mentioned above, may in exceptional cases and with the approval of the $Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions be extended to six months in public interest.

¥Note 1.- For the purpose of this rule, in the case of Section Officers appointed to that grade under sub-rule (3) of rule 13 and in the case of Officers’ of Grade A of the Central Secretariat Stenographers’ Service, “approved service” shall include the entire period of approved service in Grade I of the Central Secretariat Stenographers' Service rendered prior to the 1^st August, 1969 and half of the approved service rendered in Grade B after the 1^st August, 1969, as the case may be.