CAT Kolkata Bench delivered judgement regarding seniority issue of direct recruited Inspectors. As expected, the bench directed in favour of direct Inspectors in the light of verdict pronounced by Supreme Court in the landmark "Parmar Case". Significantly the bench did not say anything regarding any stay on promotion for the interim period. Does it mean that CCIT(CCA) Kolkata can go ahead with normal promotion process subject to future recasting of seniority ?
Download the CAT order dated 07.10.2013
Download the CAT order dated 07.10.2013
For conducting a DPC, there might have identified vacancies for the year under consideration. In the same way, for direct recruitment, the vacancies to be published in public domain for which vacancies relates to the year of vacancy to be recruited is to be advertised in the employment news/Rojgaryojana and lagregly circulated news papers. If lapse on such, the appointment either by promotee or by direct recruitment is illegal in terms of article 14 and 16 of constitution of India. There are only 5 clear vacancies are available for direct recruitment for year 2005, SSC has advertised only 5 vacancies in 18th March 2006(final examination notification)subsequently in February 2007 808 inspector posts were requisition to SSC for advertisement, but SSC has not advertised those vacancies but recruited from the 18th March 2006 notification. Excess recruitment beyond advertised vacancies are illegal interms of article 14 and 16(1) of constituion of India and when their appointment is question, giving double benefit in seniority from 2005 is totally perverse decission by the CAT. The CCIT(CCA),Kolkatta has to file a writ in high court. The reasons is DRs have managed the ITEF and CCIT(CCA)
ReplyDeleteI m cbec employees and got promotion as Ta from Ldc on 02.01.2014 but some direct recruitee joned as Ta in march 2014.Now he is qualified for sr.Ta but i m not. How? and why
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