dear all, i have a query on following peculiar case:
I am a BE (mech.engr). I am working in an autonomous body (trust) under Govt.of India, Ministry of Shipping. I joined as a trainee in 1990 through a written exam and interview. I was selected for department 'X' for which I have the qualification of Graduation in Engineering. But, from day one i was deputed internally to department 'Y' (within the same organisation), Despite my several requests to transfer to parent department 'X, the management did not transfer me. I was absorbed as Junior class I officer after 1 year training and seniority was maintained in dept.'X'., though i continued to work in dept.'Y'. I was promoted to next grade (grad2) in 1998 according to the seniority of dept.'X', but still i continued to work in 'Y'. Suddenly, i found my seniority in dept.'Y' list, for which i neither my consent was sought nor I had agreed. One thing to note is that, the organisation did not have an approved RSP regulation duly gazetted, and was following locally approved RSP, which was being manipulated at will by management. In dept.'Y', normally in other similar organisations in the same ministry, certain additional qualification is required for promotion to higher posts. Aware of this fact only, I had been representing to the manaement to transfer me to dept.'X'. My requests were turned down and the management informed me that my seniority will be in dept.'Y', which again i protested. Later, in 2005, I was promoted to Grade3, based on seniority of dept.'Y'. As everyone knows, promotions take place on their own, and I did not pursue this matter. Incidentally, who joined with me in dept.'X' in 1990, some of them still remained in Grade2 only.
In January 2011, the organisation notified new RSP regulations. According to this new regulation, for all higher posts in dept.'Y', certain additional qualification (certificate of competency ) is required. Now I do not possess this qualification, though I am in Grade 3 in dept. 'Y'. For Grade3 posts in dept.'Y' also, the additional qualification is required. On this pretext, the management is now saying I will be repatriated to dept.'X' and reverted to Grade2 ( as I got promotion to Grad3 in dept'Y' seniority). Is this correct.? Now questions and contentions:
1. I feel I should be repatriated (not reverted) to dept.'X' in Grade 3 only (management says to Grad2), because, as per the govt's order on cadre restructuring, all such isolated posts shall be brought to main stream by shifting their seniority to relevant department ( eg. mech engr to mech dept, marine engineer to marine dept. etc.) . ALso govt. order says, in case of abolition of certain departments/ posts, the incumbent shall continue to hold his present pay till his superannuation, and he will be eligible to be considered for next promotion etc.
Further, management had clearly stated earlier that my seniority will be in dept.'Y' only. So as per above order, i should be brought to main stream (dept.'X').
2. Secondly, the new RSP was notified in gazette in Jan.2011only . In such case, when will it be effective, retrospective or prospective? I feel it should be prospective. (from Jan.2011 only). If it is from now onwards (prospective), what will happen to things like this, which do not fit in new recruitment rule?
Experts kindly advise me. Thanks in advance.
