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Recruitment Rules Problem
2 weeks ago
RR of my organisation state that there is lateral entry to the extent of 2/3 of positions at Town and Country Planner Level, This has resulted in lack of promotion avenues for the in-service staff of the feeder level which is Associate TCP. Despite moving the file for change of RR, and representations, nothing solid has been achieved. Please help on how to go about this.
A.Dear sir,
You have to get issue a legal notice or approach state service tribunal or High court for getting appropriate benefits.
You have to get issue a legal notice or approach state service tribunal or High court for getting appropriate benefits.
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A.Dear Client,
In case the recruitment rules of any public sector organization appear to be arbitrary and unconstitutional and affect the career avenue of several employees, then as a first step to resolve the issue, you have to represent a mass grievance before the Head of the Deptt.(HOD). If that effort yields no result, then you have to approach the Administrative Tribunal for redressal of the grievance. It may be noted that recruitment, promotion, upgradation etc. are the prerogatives of the management strictly followed on the basis of an established recruitment and promotion policy. Only in case of deviation/discrimination/mala fide in the recruitment rules, if appears on the face of the record, the Administrative Tribunal/High Court may entertain an appeal challenging the recruitment rules violating the well-established recruitment policy of the organization. Otherwise, an appeal may be rejected at the stage of admission by the Administrative Tribunal/High Court. Hence it is advisable before moving ahead with litigation, you need to represent the grievance before the Head of the Deptt. for a resolution failing which, if you belong to a deptt of State Govt. you can escalate your grievance before the concerned bench of SAT(State Administrative Tribunal) or, if you belong to a Deptt of Central Govt. you can escalate your grievance before the concerned bench of CAT(Central Administrative Tribunal). This forum has been established for adjudication of disputes concerning recruitment and conditions of service of persons appointed for public services. If the decision of the SAT/CAT goes against you, an appeal can be filed before the High Court challenging the order of the SAT/CAT. So, try to get the matter reviewed by an expert professional before challenging the recruitment rules/policy of the establishment before approaching the SAT/CAT. Reach out to an Advocate handling SAT/CAT matters for guidance and steps. Feel free to contact our legal team to avail of our expert service to navigate the issue in the right way.
In case the recruitment rules of any public sector organization appear to be arbitrary and unconstitutional and affect the career avenue of several employees, then as a first step to resolve the issue, you have to represent a mass grievance before the Head of the Deptt.(HOD). If that effort yields no result, then you have to approach the Administrative Tribunal for redressal of the grievance. It may be noted that recruitment, promotion, upgradation etc. are the prerogatives of the management strictly followed on the basis of an established recruitment and promotion policy. Only in case of deviation/discrimination/mala fide in the recruitment rules, if appears on the face of the record, the Administrative Tribunal/High Court may entertain an appeal challenging the recruitment rules violating the well-established recruitment policy of the organization. Otherwise, an appeal may be rejected at the stage of admission by the Administrative Tribunal/High Court. Hence it is advisable before moving ahead with litigation, you need to represent the grievance before the Head of the Deptt. for a resolution failing which, if you belong to a deptt of State Govt. you can escalate your grievance before the concerned bench of SAT(State Administrative Tribunal) or, if you belong to a Deptt of Central Govt. you can escalate your grievance before the concerned bench of CAT(Central Administrative Tribunal). This forum has been established for adjudication of disputes concerning recruitment and conditions of service of persons appointed for public services. If the decision of the SAT/CAT goes against you, an appeal can be filed before the High Court challenging the order of the SAT/CAT. So, try to get the matter reviewed by an expert professional before challenging the recruitment rules/policy of the establishment before approaching the SAT/CAT. Reach out to an Advocate handling SAT/CAT matters for guidance and steps. Feel free to contact our legal team to avail of our expert service to navigate the issue in the right way.
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A.Dear Client,
The recruitment process is governed by the rules of the organisation. The government is the sole authority empowered to change the recruitment rules. In this regard, the Supreme Court has ruled that the government has the constitutional power to change recruitment rules with retroactive effect. So, in this case, the ultimate discretion to change or amend the recruitment rules lies with the government. However, you can file a suit before the respective High Court and seek appropriate changes in rules, in the interest of the in-service employees.
Hope it helps.
Thank you.
The recruitment process is governed by the rules of the organisation. The government is the sole authority empowered to change the recruitment rules. In this regard, the Supreme Court has ruled that the government has the constitutional power to change recruitment rules with retroactive effect. So, in this case, the ultimate discretion to change or amend the recruitment rules lies with the government. However, you can file a suit before the respective High Court and seek appropriate changes in rules, in the interest of the in-service employees.
Hope it helps.
Thank you.
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