Legal Question in Employment Law in India

I , an Indian Oil Corporation Ltd employee had been promoted to Grade-VI of production dept on 01/07/03. On January,2005 I had been selected in the post of ASSISTANT CHEMIST in Grade-VI against a circular of IOCL through a competitive examination and joined in the Assistant Chemist cadre in January,2005.

IOCL promotion policy for seniority marks calculation is as under :

�FOR CALCULATION OF MARKS FOR SENIORITY FACTOR, SERVICES IN THE EXISTING GRADE UPTO 30TH JUNE OF THE CURRENT YEAR WILL BE TAKEN INTO CONSIDERATION.�

There is nothing mentioned anywhere in the promotion policy of IOCL that seniority marks will be calculated in any particular cadre. IOCL rule is totally silent in seniority fixation in case of any cadre change.

Now IOCL is denying me to give me promotion by showing the reason that my seniority marks in Grade-VI will be calculated from January,2005 as I have changed cadre on January 2005.

Now my question is am I entitled to get seniority marks from 01/07/03 in Grade-VI for my next promotion considering the above all reasons and based on promotion policy rules of IOCL for seniority marks as indicated above though I have changed my cadre in January,2005?

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