Service Appeal against Promotion Order

BEFORE THE service_tribunal_type, tribunal_location

Service Appeal No. _____ of year

appellant_name, S/O appellant_father_name, Age appellant_age, NIC No. appellant_nic, resident of appellant_address, Former former_designation in department_name ... Appellant

VERSUS

respondent_name, through its authorized officer, respondent_address ... Respondent

SERVICE APPEAL UNDER SECTION 4, SERVICE TRIBUNALS ACT 1973

Respectfully submitted:

1. The Appellant is a civil servant in the department_name and held the position of former_designation since appointment_date.

2. The Appellant is aggrieved by the promotion order dated promotion_order_date, vide which promoted_junior_name, a junior employee in the same cadre, was promoted to the position of promoted_position.

3. At the time of promotion, the Appellant was senior to promoted_junior_name in the cadre and was eligible for promotion to the said position.

4. The Appellant's qualification, experience, and service record are superior to or at least equal to those of the promoted junior.

5. The promotion has resulted in the Appellant being superseded without any valid or disclosed ground.

6. The Appellant submitted a representation dated representation_date to the Respondent against the supersession. The Respondent has either not responded or has provided an unsatisfactory response without disclosing the grounds for supersession.

7. The Appellant submits that the said promotion is arbitrary and mala fide, and is in violation of the E&D Rules and the service terms applicable to the Appellant.

8. There is no allegation against the Appellant regarding character, conduct, or competence that would justify the supersession.

9. The Appellant has exhausted all administrative remedies available under the departmental rules and seeks the intervention of the Service Tribunal.

10. The Appellant submits that the present appeal is properly constituted and falls within the jurisdiction of the Service Tribunal under Section 4 of the Service Tribunals Act 1973.

LIMITATION: The present appeal is filed within the period of limitation prescribed by the parent statute, computed from the date of communication of the impugned order to the appellant. The certified copy of the impugned order has been obtained and is annexed.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Tribunal may be pleased to:

(a) Allow the appeal and set aside the promotion order dated promotion_order_date;

(b) Direct the Respondent to withdraw the promotion of promoted_junior_name and to promote the Appellant to the said position with effect from promotion_order_date;

(c) Direct the Respondent to pay arrears of salary and benefits from promotion_order_date till the date of promotion;

(d) Pass any such order or decree as deemed just and proper; and

(e) Grant such other relief as may be deemed appropriate.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above appeal are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ appellant_name Appellant Through: _____________________________ counsel_name Advocate