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Thread: Denial of Promotion

  1. Denial of Promotion


    I am working in an autonomous Institute under MHRD.
    In 1982, some of my juniors were given promotion based on certain rules. As a result of this they had superseded me. When we made a representation saying that according to the fundamental rules, when a junior person is given higher scale of pay, he cannot supersede his senior. And if this happens, the senior too will have to be given the higher scale.
    Accordigly, I had got a jump in my paysacle.
    Later on the management said that what had been given to me (higher scale) is trated as a promotion. They could do this by making a new order saying that any change in scale will be treated as promotion.
    My doubt is that since the higher scale was given in accordance with the Fundamental Rules, can the management or MHRD make additions to Fundamental Rules ?

    Can I take-up this matter through RTI ?
    Kindly help

    Viswanath C Pillai



  2. #2
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    Col NR Kurup (Retd)
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    Re: Denial of Promotion


    Unfortunatly I have not come across any Rules which lays down the provisions as you have stated. and allowing the management to resort to such amendments unless your's is an absolutely Private Firm. RTI Act only help in obtaining informationsfrom public authorities. Please state what specific information you wish to have. Are you governed by CC &A Rules ?

  3. Re: Denial of Promotion


    Quote Originally Posted by cvpillai View Post
    I am working in an autonomous Institute under MHRD.
    In 1982, some of my juniors were given promotion based on certain rules.
    Viswanath C Pillai
    It is not clear, if the procedure for promotion of your junior was under "seniority cum fitness" or "selection" mode. The former is of course based on ones seniority, how for the latter, ACR and other factors count.

    The management cannot actually make addition to the FR. The formalities have to be completed through the MHRD, Min of Law, DOP&T etc. This is to ensure that there is no violation of Article 309 & 311 and also that it does not clash with some other rule in the same PA. You will have to provide some more information in this regard.

    Looking from what you have posted, seems that you have been given "gradation" or perhaps "enhancement of pay". This is not a kind of promotion, which requires a DPC be held etc.

    You can file an RTI on this procedure if you desire.

    Col Kurup sahib, CCS (CC&A) Rules will apply only for any disciplinary proceedings against the employee. What we need to know of, is the Recruitment Rules under which Viswanath C Pillai was appointed with the autonomous institute under MHRD.

    Manoj

  4. #4
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    Col NR Kurup (Retd)
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    Re: Denial of Promotion



    Thank you. You are absolutely right. The points raised by Mr.Pillai was confusing to me. I couldnot make out whether he is a government servant governed by FUNDAMENTAL RULES. I just put CC & Rules only to ascertain this fact. Honestly speaking still I could not follow his claim or complaint or arguements or anything. I just put CC & A Rules to ensure that the FR is not confuced again with Fundamental Rights. Thank you once again.

  5. Re: Denial of Promotion


    Quote Originally Posted by colnrkurup View Post
    The points raised by Mr.Pillai was confusing to me. I couldnot make out whether he is a government servant governed by FUNDAMENTAL RULES.
    Even I was no less confused than you were. You can see that from my post.

    Best wishes

    Manoj



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