[pawan kumar]

Sir i requested for guidance with regard to junior having been promoted by holding test of stenpgraphy which i could not qualify. Kindly guide me on this matter as to what should I do.

[pawan kumar]

Sir once again i seek ue guidance in service matter. I am sr.most jr. Scale stenographee. The department held test for promotion to the post of sr. Scale stenographer. I qualified the English test but failed in the Punjabi stenography test. My junior qualifed both the test and has been prpmoted
Is there any law which can come to my rescue because i am senior and junior has been promoted.

[pawan kumar]

Sir thank u for. The exact position is as below:
On 22.12 95 a person who was senior to me was promoted as se. Scale stenographer withoit holding test on adhoc basis agaist the post of PA. Our seevice bye laws provide merit cum semiority for promotion. I submitted a0lication on 23.10.97 stating that the promotion has been givwn effect to on rhe basis of seniority alone and the aspect of merit has been totally ignored whereas in the case of promotion from steno typist to junior scale stenographer test has been conduct and merot cum seniority has been kept im view. Therefore matter may kindly be reviewed and element of merit by conducting a suitable test may please be applied. In reply to my letter, two different issues icluding the present one were considered and rejected on 07.12.98 without issuing a speaking order. On 08.12.98 i wrote that two transparently different issues have been intermingled as these do not reach any conclusion. No reason has been adduced which may prove that the matter was considered on merits. Therefore the matter be considered de novo and speaking orders be issued in each case. Under rti act my department on 24.09.2008 gave information that my application dated 08.12.98 was not received in the head office and the points raised in the application have been decided in the court. Therefore no further action os required in this case. I may submit that under rti i was given information. Thus between 1998 to 2008 thete is gap of more than 9 years. It is stated that i did not file any case in any court with regard to the above matter. Thus on 15.12.2008 i wrote that when i did not file case in any court can it be decided without filing in any court. This be intimated. Further my request for promotion is still pending. I wrote that the cade regarding grant of pay scale of PA has been settled by the court and the issue regarding request for promotion is still pending. I further wrote in the application that when the matter has come for consideration even after more than 9 1/2 years which is not due to my fault due considereation is required to be given and speaking and suitable order in the case i. e. application dated 23.10.1997 may kindly be issued keeping in view the facts, circumstances and situation prevailing at thst time.
This apication was not replied to by the department. Now under rti I have received noting dated 13.01.2009 written on my application dated 15.12 2008 reads that the the represenation has neen submited after two years and the employee has given advise to the competent authority but has not intimated that with the promtion of sh. Kulwant singh he has been put to loss and at at that time the record of the employee was not good. Therefore at this stage to say by the employee speaking order be passed on his representation is not wajib(appropriate).
Kindly advise in this case. Is the case time barred and is there merit in this case. Is it advisable to contest this case.

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