2 Answers
Dear client, the central issue is whether the employment conditions set out in the 2017 rule amendment can be applied retrospectively to affect a promotion right that either existed or was eroding before the 2017 rule change , and the resolution depends in great measure on whether you had an accrued right to be considered for promotion under the 2016 (i.e., before promotion for vacancies occurred) (1:1) recruitment policy at the time of the 2017 rule amendment. As decided in multiple Supreme Court decisions, the recruitment rules in force at the time of the recruitment of vacancies usually apply to promotion to those vacancies , principally because vacancies occurring before the amendment of the rules in 2017 would still be those created under the 1:1 ratio if those vacancies have never been filled.
But the flaw is that you only became eligible for promotion in 2022, which is five years after the rule change; and the law fact-wise recognizes that merely becoming eligible for promotion is not a vested right; the right to be considered for promotion only becomes effective until a vacancy (fitting qualifications) will actually occur and that selection process is due. If a promotional vacancy will not occur before 2017, the new 1:0 ratio (no promotion quota) will be followed, which means you cannot establish your right because it is from risk to the parties (i.e. promotion quota) that was eliminated when your eligibility was mature. [likely]
The first thing you should do is read the 2017 amended rule for recruitment. Carefully check the transitional and saving clause. Generally all service rule amendments include a clause stating that the pending vacancies, the employee who has joined under the old rule are entitled to the benefits as per the old rule. The case for representation is stronger if it contains such a saving clause. In such a scenario, you can go before the department by filing a representation, if it rejects this representation, you can file a writ petition against it in the High Court. Or you can apply before the Central/State Administrative Tribunal (as applicable), if there is an issue of promotion and relief is sought to be obtained upon the new rule. However if there is no saving clause that is in your favor, there would not be a strong case. As if you are only seeking promotion upon the 2016 recruitment ratio you would have to either seek this before the administration tribunal (if it is a promotion issue) or file a writ petition = 1 before the High Court. But since you are not seeking a relief as to your status but only to your promotion upon the new rules, there wouldn't be any issue of striking down the 2016 amendment rule. The High Court in its last resort will hardly strike down a rule amendment affecting the promotion ratio unless it is shown to be arbitrary or discriminatory against your cohort of recruitment. Please consult a lawyer in your area for more insight.
Dear Client,
The answer to your question will vary depending upon the specific provisions of the recruitment process and the kind of caste certificate you are holding as well as its authenticity. The recruitment notification may have specified the particular form or format of the certificate that needed to be provided by those claiming to be from any one of the Scheduled Castes for the purpose of availing themselves of the benefit of reservation. In Mohan Kumar v. State of Uttar Pradesh, the issue before the court related to the consequences of non-conformity to the requirement as to the form of caste certificate at the time of recruitment, but in your case, there does not appear to be any problem since your certificate has been checked and accepted at the document verification stage, followed by appointment as well as continuous service for about one year. Still, in view of the possibility of any requirement being made mandatory even if not so stated, you should consider getting the prescribed caste certificate issued in your name in the format of the concerned state.
I hope this helps and if you have any further issues do not hesitate to contact us.