Apar and promotion
7 months ago
Namaste,
Sir i have filed an O.A. in cat delhi in 2019 regarding expunging bad comments from my apar and grant me promotion and other benefits retrospectively. I have been denied promotion in 4 dpcs. Next year my batch will get promotion from group B cadre to Group A cadre. So my query is if cat pardon it's judgment in my favour then will i be considered from group B to Group A directly. Because it has been more than 4 years since my case has been pending. Dept recently has filed it's reply. Now i have to file a rejoinder. It looks like it may take much time.
A.Dear Client,
Interview, selection, appointment, promotion etc all these activities were carried on by respective establishments as per the well-established policy made out considering a variety of factors and following the principle of natural justice. APAR is a component amongst other credentials that makes an employee eligible for promotion to the next higher category. A negative remark in APAR in respect of an employee disqualifies and disentitles him for promotion. An employee cannot claim his promotion to a higher position as a matter of right. Above all, it is the prerogative of the selection committee to decide who is to be selected for a higher position or not following the well-established promotion policy. Usually, the Court does not interfere with the prerogative of the respective establishment until and unless, it observes deviation/discrimination/mala fide in the selection process, if appears on the face of the record in the selection process, Your application before CAT praying your promotion to higher rank expunging the negative remarks from your APAR may be allowed if you are sufficiently equipped with substantial evidence that proves your stand or claim before the CAT. and accordingly based on the merit in the submission of both the parties, assessing the veracity of documents filed by the parties and deposition or examination of parties, and arguments led by the parties, Tribunal shall pass an order admitting or rejecting your claim. To access justice in any matter through litigation before the Court/Tribunal is a time-consuming process.
Interview, selection, appointment, promotion etc all these activities were carried on by respective establishments as per the well-established policy made out considering a variety of factors and following the principle of natural justice. APAR is a component amongst other credentials that makes an employee eligible for promotion to the next higher category. A negative remark in APAR in respect of an employee disqualifies and disentitles him for promotion. An employee cannot claim his promotion to a higher position as a matter of right. Above all, it is the prerogative of the selection committee to decide who is to be selected for a higher position or not following the well-established promotion policy. Usually, the Court does not interfere with the prerogative of the respective establishment until and unless, it observes deviation/discrimination/mala fide in the selection process, if appears on the face of the record in the selection process, Your application before CAT praying your promotion to higher rank expunging the negative remarks from your APAR may be allowed if you are sufficiently equipped with substantial evidence that proves your stand or claim before the CAT. and accordingly based on the merit in the submission of both the parties, assessing the veracity of documents filed by the parties and deposition or examination of parties, and arguments led by the parties, Tribunal shall pass an order admitting or rejecting your claim. To access justice in any matter through litigation before the Court/Tribunal is a time-consuming process.
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A.If the CAT rules in your favor and orders the expunging of the negative comments and retroactive promotion, the implementation of this decision would depend on the specific orders given by the CAT in its judgment.
If the CAT orders that you should be promoted to a higher cadre, and your case has been pending for several years, it's possible that the CAT might order your immediate promotion to the higher cadre, which in your case is from Group B to Group A. However, this would depend on the CAT's judgment and orders.
If the CAT orders retroactive promotion, you may also be entitled to receive the benefits, including salary and allowances, that you would have received had you been promoted on time. Again, this would depend on the specific orders given by the CAT.
If the CAT rules in your favor but doesn't specifically order an immediate promotion, the department might be required to reconsider your case in future Departmental Promotion Committees (DPCs) with the corrected APAR. However, the timing and outcome of these future DPCs would depend on your department's policies and practices.
The timeframe for the CAT's decision and its implementation can vary, and it may indeed take some time, especially if there are further legal procedures involved.
If the CAT orders that you should be promoted to a higher cadre, and your case has been pending for several years, it's possible that the CAT might order your immediate promotion to the higher cadre, which in your case is from Group B to Group A. However, this would depend on the CAT's judgment and orders.
If the CAT orders retroactive promotion, you may also be entitled to receive the benefits, including salary and allowances, that you would have received had you been promoted on time. Again, this would depend on the specific orders given by the CAT.
If the CAT rules in your favor but doesn't specifically order an immediate promotion, the department might be required to reconsider your case in future Departmental Promotion Committees (DPCs) with the corrected APAR. However, the timing and outcome of these future DPCs would depend on your department's policies and practices.
The timeframe for the CAT's decision and its implementation can vary, and it may indeed take some time, especially if there are further legal procedures involved.
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A.Dear Sir,
If prayer is not made seeking promotion from B Group to A Group then you have amend your original application accordingly.
If prayer is not made seeking promotion from B Group to A Group then you have amend your original application accordingly.
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