Revision of hr policy regarding educational qualifications prohibits internal employees for new post

Since it is case of fresh appointment, there is ground on which the change in policy could be assailed unless it is the case that the internal candidates have a vested right to be considered in terms of the company's policy or the terms of their contract of appointment.

You can represent and if no positive response, seek judicial review. However, please note that Courts are slow to interfere in policy matters.

The change in the policy for recruitment cannot be challenged before court in general terms until and unless the policy is against the interests of all or the law 

However if you have a valid reason for your grievances you may file a writ petition representing your case and seek remedy through writ

kindlyelanborate whether organisatipnis in govt sector?  it is vital for me to react.

Hello Jagadeesh ji,

The internal employees who are now ineligible due to the revised qualification criteria can challenge the policy change by filing a representation before the Management/HR Department, citing legitimate expectations and the principle of fairness in employment policies. They should argue that when they were recruited in 2015, the organization had set a specific qualification criterion, which they met. Since they have been serving the organization diligently for years, denying them a promotional opportunity based on a new policy change that was not applicable at the time of their hiring is unfair and arbitrary.

If the management refuses to consider their request, they can approach the Central Administrative Tribunal (CAT) or High Court through a writ petition under Article 226 of the Constitution. The key grounds for legal challenge would be that the principle of legitimate expectation has been violated, as employees who joined under the old criteria had a reasonable expectation to be considered for promotions. Further, the policy change is arbitrary, as retrospective application of new rules should not disqualify existing employees from career progression. Additionally, natural justice requires that employees be given equal opportunity to compete for promotions based on experience and service record rather than new qualifications introduced later.

They may also cite relevant case laws, I have a case where the Supreme Court ruled that rules cannot be changed arbitrarily to affect employee rights retrospectively. If the matter is not resolved at the departmental level, they may also approach the Labour Commissioner or the appropriate service tribunal to seek intervention.

For further consultation, reach out at adv.vishesh@icloud.com.

Originally posted by : Sudhir Kumar, Advocate
	kindlyelanborate whether organisatipnis in govt sector?  it is vital for me to react.

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