Sir,
It has reference to the news “Seniority has to be reckoned only from date person entered into that service: SC” published in your esteemed daily on October 28, 2017.
In the particular case, the Apex Court observed, “rules in question clearly provide that not only vacancies should have been existing from an earlier date but the person to be granted retrospective promotion should have also been working against the post”.
In a democratic country, every administrative action or court intervention shall be aimed at deliverance of Justice and undo justice if any. But, if deliverance of justice in one case is generalised that puts others to injustice, it amounts to miscarriage of justice. First of all any deserving official shall be automatically promoted to the next post once the vacancy arises. If an official is not promoted on availability of the post due to administrative inefficiency or indifference, the official cannot be put to loss for the administrative default.
Take the example of “School Education Department” in J&K. Despite availability of posts, particularly the lecturers, the eligible candidates are not promoted for years together even in incharge capacity. Hundreds of masters and even teachers teach at higher secondary level as internal arrangement without any formal orders. I am witness to the fact that many such masters had been teaching at higher secondary level for more than a decade without any monetary or other incentives before being promoted as Incharge Lecturers. In such cases, granting notional effect of one or two years for seniority purposes will amount to undoing the injustice they have been subjected to. In fact, every employee has a right to get promotional benefits including monetary from the day the post was available in the department. To conclude, courts and the administration shall take cognisance of such issues. Justice to one shall not be generalised to do injustice to others. In fact, the administration needs to be made accountable to institutionalise promotions and evolve a mechanism to promote the eligible officials once the vacancy is created.
Yours etc….
Satish Mohan Pandit
Jammu
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