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Thread: i leave dptt through proper channel why parent dptt didnot promote me from back date

  1. #1
    Junior Member rakesh sharma is on a distinguished road
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    Default i leave dptt through proper channel why parent dptt didnot promote me from back date

    I have joined in Fund Cell, PCDA (WC) , Chandigarh on 09.03.2005 and left the department on 10.11.2008 through proper channel. I was selected as Inspector in Central Excise, Delhi and joined in central excise on 11.11.2008. Later on, my juniors have been promoted as Sr. Auditor from 30.06.2009 vide order dated 17.07.2009 but this order has been amended vide order dated 16.06.2010 under which all the auditors of SSC Batch -2003 were promoted from 01.04.2008.
    Hence my promotion as Sr. Auditor became due on 01.04.2008 but the department says that you were not borne on the strength of this department...... but i was remain on the strength of departmentt on 01.04.2008........... can anybody help me with proper rule and authority so that i could get my arrear.

  2. #2
    Junior Member rakesh sharma is on a distinguished road
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    is my question is too dificult to answer for the senior members,,,,, i again request to look into the matter and mention their valuable suggestions

  3. #3
    Senior Member Ramnath is on a distinguished road
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    Default For retrospective Date - you r eligible for promotion

    Since the promotion is from back date, till date of your leaving the department, you will be deemed to be in the promoted post just like your juniors. This would be applicable also for all those who retired/expired now but were in service on that date. They would also be promoted from back date as they were in the feeder cadre post/service on the specific retrospective date. Hence, you will be deemed to have resigned only after your promotion (till date of your presence in the previous department). For this, you can claim by representation.

    Hence, you will be eligible for differential amount (arrears) on account of the promotion from retrospective date till date of your leaving the department.

    Other senior members can also give their views. I dont have the rule position but my view is logical.
    Ramnath

  4. #4
    Member mrajeev is on a distinguished road
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    He may be granted promotion with retrospective date with notional fixation of pay. However, he will not be eligible for the arrears as he has not assumed the charges of the post. Even those promoted and remained in the cadre will be eligible only for notional fixation from the retrospective date and the financial effect will be applicable only wef the date of their actual assumption of charges of higher post.

  5. #5
    Member mrajeev is on a distinguished road
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    Default No financial effect from backdate

    He may be granted promotion with retrospective date with notional fixation of pay. However, he will not be eligible for the arrears as he has not assumed the charges of the post. Even those promoted and remained in the cadre will be eligible only for notional fixation from the retrospective date and the financial effect will be applicable only wef the date of their actual assumption of charges of higher post.

  6. #6
    Senior Member Ramnath is on a distinguished road
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    If others have been paid arrears (if applicable), then you will also be eligible for. Definitely fixation (notional basis) you will be eligible for. All those who were on that date in that post, would be eligible for promotion. It can not be different to different persons.
    Ramnath

  7. #7
    Junior Member rakesh sharma is on a distinguished road
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    Quote Originally Posted by Ramnath View Post
    If others have been paid arrears (if applicable), then you will also be eligible for. Definitely fixation (notional basis) you will be eligible for. All those who were on that date in that post, would be eligible for promotion. It can not be different to different persons.
    Ramnath
    Thanks a lot to all the members and specially to sh. Ram nath ji, as all these have paid their valuable time for me,,,,,,,,,,,,,,,,, now as you have asked i would like to tell you that all the other candidates have paid arrears from the department from 01.04.2008 means the promotion date and on which i was also present their and worked their for about eight months

  8. #8
    Junior Member Ashwani Munjal is on a distinguished road
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    The promotion made by DPC can not be with retrospective effect. In the present case, the department has ordered promotion with retrospective effect without any reservations regarding notional fixation. It is obvious that the regular posts were existing from April, 2008. It is unfortunate that the department has been taking a stand that you were not on the rolls, which is illegal and arbitrary. You are entitled for arrears and also for pay fixation in your new appointment under FR 22, if it is a Government service.

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