• Seniority in central government employment with respect to inter charge transfers

I am employed in IT department since 5.10.2009 as inspector. I was granted inter charge transfer from CCIT , Bhopal to CCIT, Lucknow (different all india region) on 10.2.2011 but was relieved only on 1.4.2011 to join on 4.4.2011 at Lucknow. As per the terms and conditions of ICT, I had to get seniority from the date I join the duties to new region. But individuals appointed after me and joining after me have been placed above me in the gradation list released. It has been submitted that due to NR Parmar decision, I have been placed below them. Persons promoted on 18.10.2011 from lower posts and direct recruits of SSC CGL 2010 are placed above me (first 2010 individual joined on 3.10.2011). How my seniority is to be de termine? Present status of NRP decision? Applicability of Rajeev Mohan judgement in my case. Please guide.
Asked 4 years ago in Labour

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13 Answers

Before seeing the Service Regulations of your organisation its very difficult to  comment on the merit of the promotion Policy. 

Apparently the out of turn promotion of the employee is without any known principle of law.

Though no employee has any vested right to be promoted, he has been entitled to be considered for promotion. 

Devajyoti Barman
Advocate, Kolkata
23203 Answers
511 Consultations

In NR Parmar the supreme court rejected the claim of the promotees, that the direct recruit IT inspectors should be assigned seniority with reference to the date of their actual appointment in the IT department.


N R Parmar case is applicable to you. The judgment has interpreted the OM of 1986.

There may be people who got selected in 2011 but the notification may be much earlier.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

If that judgement ratio is applicable to you then it's correct overview.

Prashant Nayak
Advocate, Mumbai
32444 Answers
199 Consultations

You can challenge the promotion. 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Please stat and mention your class and category and candidates who have been promoted ignoring your eligibility for the compliance of process of promotion and transfer under State and Central Government employees Rules.

We need to understand the brief facts of your case and case of your opponents. 

Class,category and status. SC/ST/OBC/GEN etc. in the department. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

File a Wrt in HC

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You are advised to file a writ before the Hon'ble High Court as neither they are in true sense applying Rajeev Case nor N R so clarification sought , what impact at the parent base and transfer base has impact on promotion when the department is same and under the same authority i.e. Central Government.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

Have you given a representation regarding this issue. If not please do the same immediately. Then wait for one month for the reply. If there is no reply from them then you can directly approach the court by filing writ petition. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Dear Sir,

You are suggested to submit an RTI application to your HR department of the confirm as to how and why that happen. Also, ask the latest and existing and policies since the time, you joined the service. it is clear that you have been wronged and after getting reply from the department, submit the grievances in the form of humble but firm application to the department and if you don't get the reply within 6 months or you get the unsatisfactory reply, then file the case in CAT or High Court.   

Ganesh Singh
Advocate, New Delhi
6768 Answers
16 Consultations

First of all you stop getting compared to the court decisions in this regard even before you have started taking any action as per law. 

You first draft a neatly drawn representation in writing enumerating all the background history of your case,  your grievances,  conclude your representation with a request to the competent authority to intervene, address your grievances on legal and humanitarian grounds and to provide you the desired relief especially to overcome your grievances,  anomalies and other injustices meted out to you. 

After the competent authority rejecting your request/representation,  you may approach CAT where you can refer all those decided cases to support your cause as a first step of legal action. 

T Kalaiselvan
Advocate, Vellore
87033 Answers
2337 Consultations

In a fight for seniority between date of joining versus date of appointment, date of appointment has to be thrusted upon.,

Individuals appointed and joined after you, wrongly placed above you. 

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

- As per Delhi High Court , there is no law that a person has to be promoted because juniors below him have been actively encouraged. 
- Further , every person eligible for promotion as per the relevant Promotion Rules of the said department /organisation

- Further , the NR Parmar case is applicable in your case , however you should approach CAT for getting justice. 

Mohammed Shahzad
Advocate, Delhi
14447 Answers
221 Consultations

  1. As per the information mentioned in the present query, makes it clear that though there has been judgment in ruling, but still doesn’t give the clear ambit to the department for not considering your case as the same is little different from the Rajeev Logan judgment.
  2. I would like to apprise you that the facts of that case and your are not totally in similarity and not even question of law if same time same extent.
  3. As you need to understand that the Seniority is decided based on the case to case basis along with the harmony of any judgment been assed against it.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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