Consider interests of own staff first: HC to UT
Chandigarh, April 3 -- The Punjab and Haryana high court has said that the state is bound to consider the interest of its own employees for promotion at a higher pedestal as compared to those who are brought on a deputation basis or by way of transfer so as to ignore the employees for promotion.
The high court bench of justice HS Sethi and justice Deepak Manchanda further directed that while revising service rules, the Chandigarh administration should keep in mind that its own employees should not be prejudiced for promotional avenues rather than bringing somebody by way of transferor deputation in preference to promotees.
The court was hearing aset of petitions against the central administrative tribunal (CAT) order of 2017 in which appointment of Deepak Kumar Nishad to the post of supervisor made pursuant to an October 2013 advertisement was quashed by the tribunal and UT was directed to notify fresh service recruitment rules.
As a period of eight years has elapsed, UT's counsel told the court that in case any such direction is given by the high court for consideration of Nishad for further promotion to the post of manager and considering Arun Kumar, another employee party to the 2013 recruitment dispute, on the resulted vacancy for promotion to the post of supervisor, appropriate action will be taken.
Both Nishad and Kumar also expressed no objection to the proposal mooted by UT.
The court directed that Nishad be considered for further promotion to the post of manager and in case, he is found eligible and fit for promotion and if he is promoted, Kumar be considered for promotion in terms of the regulation for the resultant vacancy of the supervisor.
The court said that the order was being passed due to delay in adjudication of the matter.
"In case nobody is found eligible for direct recruitment or promotion, then the option of bringing the person by way of transfer or by deputation should be resorted to and the same should be kept in mind while revisiting the rules (service rules)," the court said....
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