Delay in promotion Delay in promotion

10 months ago

My department made new recruitment rules in 2017 and added some qualifications (lower level,i.e. ITI pass for B tech holder) for promotional category. Before Gazette notification of these new recruitment rules I was eligible for promotion and after issue of new recruitment rules in 2007 I became ineligible. now after 2017 to this date I have not been granted promotion,although I have acquired the additional qualification of ITI also. my question is that when I was eligible before 2017 then new recruitment rule made me ineligible for promotion,can I challenge this in the court ? when new recruitment rules were fame and comments were sought from different stakeholder I have given representation regarding problem in the recruitment rule and the department has not taken any action on the representations. After framing the new recruitment rules many officers given representation to the department for correction in the recruitment rules but even then the department has not taken necessary action or modified the recruitment rules till now after passing 06 years and recruited large number through Direct recruitment and created stagnation also. Because of this we are suffering and not getting the promotion. kindly guide what can be done

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,

At the outset, it is to inform that promotion cannot be claimed as a matter of right, It is the prerogative of the management to promote employees following the provision of an existing promotion policy/recruitment policy of the organization.. Even Judicial authorities did not interfere with the subject unless they found gross injustice and malpractice done with the complainant on the face of the record. In case it appears to you that new recruitment policy affected a majority number of employees, then you jointly can represent your grievance before the concerned authority for a resolution in the matter failing which escalate the matter before CAT/SAT or the concerned Labour Court for appropriate reliefs in the matter.
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