Legal Question in Employment Law in India

Retirement Benefits
One of my relative worked in the Government sector in Andhra Pradesh. After getting the promotion only he will get pension. Currently promotions were happened based on the seniority and who passed department exam. One and half year back all the districts of AP got promotions except one district. That district people filed a case in the high court stating that �Promotions need to give based on the seniority only as earlier also got promotions based on this criteria�. High Court given the judgment �promotions should be given based on the seniority and who passed department exam�. After that they again filed case in the tribunal court, But in the tribunal court Judgment is Reserved. During this time my relative retired and he didn�t get the promotion and pension. My question is once the judgment is released from tribunal court can he file a case in the court for getting the pension benefits?

Asked on 4/01/14, 6:06 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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01.04.2014

Dear Sir / Madam,

Whether it be Government or in any private organization, promotion always goes only to the best candidates who deserve it and it is no way connected or linked to seniority of the employee. You are under some misconception or wrong notion that your relative will get pension only if he / she is promoted. Each and every "confirmed" government department employee is eligible for pension on his / her retirement from service.

Regards,

Answered on 4/01/14, 6:12 am

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