Legal Question in Administrative Law in India

Sir,

The grievance is that, I have illegally rejected for grant of promotion as Data Entry Operator (DEO) Grade �B� and consequent re-designated as Senior Tax Assistant. The brief is as :- I was working in Solapur Division of Central Excise as a Data Entry Operator Grade �A�, which came under Aurangabad Commissionerate. In the year 1997, the said Solapur Division was detached from Aurangabad Commissionerate and was attached to Pune-II Commissionerate. At that time our Data Entry Operator�s seniority list was Commissionerate-wise and in the seniority list of Aurangabad Commissionerate, I was at Sr.No.12. However, in public interest and for administrative reasons, I was transferred on account of re-organization of Commissionerates to Pune-II Commissionerate and there, my seniority came to be fixed at Sr.No.57 in Pune-II Commissionerate. Since I was transferred in public interest to Pune-II Commissionerate, my lien and seniority ought to have been continued in Aurangabad Commissionerate. In the year 2000, juniors of me in Aurangabad Commissionerate was promoted as Data Entry Operator Grade �B�, whereas I continued in the lower power of Data Entry Operator Grade A in Pune-II Commissionerate. Later on, the post of Data Entry Operator Grade A was re-designated as Tax Assistant, whereas Data Entry Operator Gr.B was re-designated as Senior Tax Assistant and the cadre of Aurangabad and Pune Commissionerates was unified with the result that now there is a combined seniority list of individuals working in Pune & Aurangabad Comm�tes. In the said combined seniority list, the erstwhile junior of me in Aurangabad Commissionerate is figuring in the list of higher post of Senior Tax Assistant, whereas I am being shown in the list of lower post of Tax Assistant. Thus without any request from me ( In the year 1997 at the time of re-organization of the Comm�tes, there was options/willingess called from entire staff of Solapur Division regarding working in Aurangabad Comm�te or in Pune II Comm�te and that time, I gave my option/willingness to Pune-II Comm�te, as our Solapur Division was attached to Pune-II Comm�te) and without my being fault on my part, I had been made suffer loss of seniority and promotion.

Hence, it is requested to reply me in the above matter and if there are in case laws in the similar matter please inform the same.

Thanking you,

Yours truly,

Praveen Ashtaputre.


Asked on 9/11/09, 1:50 am

3 Answers from Attorneys

There are various similar matters. you can challange the same and your local lawyer will guide you the right way after going through your concent form submitted while transfer. But you can get higher rank and back wages also.

Good luck

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Answered on 9/11/09, 5:13 am

AS PER YOU ....." .......there was options/willingess called from entire staff of Solapur Division regarding working in Aurangabad Comm�te or in Pune II Comm�te and that time, I gave my option/willingness to Pune-II Comm�te, as our Solapur Division was attached to Pune-II Comm�te)

ONCE YOU HAVE OPTED OUT FROM SOLAPUR DIVISION TO PUNE COMMRTE YOU HAVE NO LOCUS STANDI ON SOLAPUR IF PUNE COMMINRATE IS A SEPARATE DIVISION OTHER THAN SOLAPUR DIVISION, your seniority is ruled by the pune only.

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Answered on 9/14/09, 1:12 pm
Seshadri Srinivasan www.lawconcern.com

While your case facts shows that you have been unlucky, you do not have any legal remedy. Why?

Supposing based on new seniority list in Pune if you had been promoted... Will you reject the same? So seniority has to be based on the division where you were voluntarily employed.

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Answered on 11/02/09, 1:34 am


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