Post covers Promotion Proposal UPSC CAT Tribunal Case wherein court ordered opinion of legal department be pursued.
Rules of the promotions in UPSC
There are rules and protocols that are to be followed by every department. Rules of promotions are no exceptions. Article 309 of The Indian Constitution empowers the Centre and State government to recruit and regulate the conditions of the appointment of people for their service. Certain rules for the promotions in the UPSC are
1 Screening committees are set up for each post and they have to responsibility of choosing the candidates for promotion in a just and objective manner
2 The committee have to meet frequently on a fixed date every year. There should be a time schedule laid down in advance and the government must ensure the proper functioning of the committee
3 The number of vacancies must be predetermined and accurate. Vacancies due to death or retirement should be taken into account
Also Read- Employee claim right to promotion – UPSC
The basic principle in any promotion is that no one should get a jump promotion which means a person getting a direct promotion without getting promoted to the earlier stages. In this case study, we will look into a case where a person who works in the of Directorate of Plant Protection and Quarantine and Storage got promoted directly Joint Director from Technical Officer and The Central Administrative Dispute, Chandigarh took the decision to comply with the legal advice given by the Department of Legal Affairs and The Department of Personnel and Training
Also Read- Analysis of cases disposed of by the Central Administrative Tribunal .
Dr. N. Sathyanarayana vs Union Of India
Brief facts in the application
The Applicant works in the office of Directorate of Plant Protection and Quarantine and Storage as a Joint Director (Plant Pathology), has challenge the proposal of respondent no. 5 for promotion against the post of Additional Plant Protection Advisor for vacancy year 2016-17 and 2017- 18 by the respondents to the UPSC. It is submitted by the applicant that he was first appointed as Assistant Director (Plant Pathology), and later promoted to Deputy Director (Plant Pathology) and further promoted to Joint Director (Plant Pathology) and whereas the respondent no.5 who was initially appointed in Group ‘C’ post as Technical Officer III was promoted to post of Joint Director without being promoted to the post of Deputy Director as oppose to the general rule. The next promotion from the post of Joint Director is to the post of Additional Plant Protection Adviser for which the applicant is eligible but the respondents have recommended the name of private respondent for promotion, which is against to the general rule. The applicant has also sought the advice of the Department of Legal Affairs and Nodal of The Ministry of The Department of Personnel and Training and gave the opinion in the favour of the applicant and advice to consider his case for promotion to the post of Additional Plant Protection Adviser.
Also Read- Sandal Singh vs Union Of India Through on 22 March, 2011
The applicant claimed that the proposal of promotion of the respondent no.5 sent to the UPSC is illegal and the right of the applicant for promotion would be prejudiced. The applicant seeks direction is issued to the department to act upon the advice given by the Department of Legal Affairs of The Department of Personnel and Training.
Respondents No. 1 (Union of India, Ministry of Agriculture & Famers Welfare, Department of Agriculture & Cooperation), 2 (Directorate of Plant Protection, Quarantine and Storage through its Plant Protection Advisor) and 4 (Union of India through Secretary to Government of India) appeared under Mr. Sanjay Goyal Sr. CGSC and Respondent no. 3 (Union Public Service Commission through its Secretary) appeared under Mr. B.B. Sharma
Also Read- Madura Veena M L vs Union Public Service Commission
Order of the Tribunal
The legal advice given by the Department of Legal Affairs and The Department of Personnel and Training to the post of Additional Plant Protection Adviser, the tribunal is of the opinion that the application is to be disposed of in accordance with the advice given by the concerned department and re-consider the proposal in accordance therewith before forwarding the same to the UPSC.
For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.
More on 99888-17966.
