...deals with promotion. Both the said rule and the proviso is quoted herein below:-“18.(2). Debarring for consideration for promotion of a Government Employee who refuses to accept promotion -...accept promotion by a member of a Service, he shall be debarred by the appointing authority from consideration for promotion for all the consecutive chances which may occur in future within a period of two years from the da...Service has refused to accept promotion under the circumstances beyond his control, it may exempt such a member for reasons to be recorded therefore in writing from the operation of this rule...

...promotion of a Government Employee who refuse to accept promotion. In the event of refusal to accept promotion by a member of a Service, he shall be debarred by the appointing au...appointing authority is satisfied that a member of the Service has refused to accept promotion under the circumstances beyond his control, it may exempt such a member for reasons to be recorded...by the official respondents debarring the respondent No. 3 from promotion to the post of Assistant Food Supply Officer for two years was withdrawn.Undisputedly respondent No. 3 was...

...paragraphs 5.1 and 10 of Annexure R1, (ACP scheme) it will leave no doubt that refusal to accept promotion prior to the introduction or prior to the coming in to force of Annexure R1 will...the employee from getting the benefit of the financial upgradation under the ACP scheme. Embargo is there only regarding refusal to accept regular promotion subsequent to Annexure R1. The applicant in...in to force) the refusal on the part of the applicant to accept promotion will not dis-entitle her from getting the financial benefits under ACP scheme. 9. The learned counsel for...

...paragraphs 5.1 and 10 of Annexure R1, (ACP scheme) it will leave no doubt that refusal to accept promotion prior to the introduction or prior to the coming in to force of Annexure R1 will...the employee from getting the benefit of the financial upgradation under the ACP scheme. Embargo is there only regarding refusal to accept regular promotion subsequent to Annexure R1. The applicant in...in to force) the refusal on the part of the applicant to accept promotion will not dis-entitle her from getting the financial benefits under ACP scheme. 9. The learned counsel for...

.... The next contention is that the refusal of the appellant to accept the post at Simla offered to him will not debar him from promotion because the appellant was not qualified for the post at Simla. If an ..., therefore, his refusal to accept the same cannot come in his way from claiming promotion from the very date on which he refused to accept the promotion to a post for which he w...teaching experience was not qualified for the post of Associate Professor. But this want of qualification impelling refusal to accept promotion appears to be an afterthought on his part. When the...

...submitted that under the rules there is no provision made on employee refusing to accept promotion for the third time. It was submitted that in other railway zones in the country, refusal to ...transfer an employee even if an employee refuses to accept his promotion first time or second time. There is no rule available in case of promotion of an employee third time. Therefore, the contentions...promotion orders by employees are taken into consideration without transferring them. The petitioners are a small group of Guards, railway employees who have refused to get promoted due to their peculiar...

...increment is not properly appreciated by the learned Single Judge since according to the appellants, reversion on the request of the employee also amounts to refusal to continue the promotion and hence, he...employee, which would be either by way of refusal to accept the promotion offered by the Management at the inception itself or by way of reversion to the earlier post at his own request. The issue in...that reversion at the instance of the employee after having accepted the promotion offered by the Management amounts to refusal to accept the promotion. Had it been so in the wisdom of the Managem...

...appellants, reversion on the request of the employee also amounts to refusal to continue the promotion and hence, he would not be entitled to get the stagnation increment. The other contention is that sub ...stagnation without any promotion and the other being stagnation at the instance of the employee, which would be either by way of refusal to accept the promotion offered by the Management at the...Management amounts to refusal to accept the promotion. Had it been so in the wisdom of the Management earlier, it would not have granted the stagnation increment itself to the second respondent...

...and/or selected for promotion refuses to accept such promotion. 4. In the instant case, the petitioner though was promoted, but at the later point of time opted for reversion and ...accept promotion. The plain reading of the above referred Terms of Settlement, it...not in dispute, that the petitioner was appointed on the post of clerk w.e.f. 20.9.1972 and was promoted to the post of Junior Management Scale-I w.e.f. 20.10.1983. It is also not in dispute that the...

...which 6 were recommended for promotion, however, on account of retirements and refusal to accept promotion, presently only 2 posts could be filled up. Here is also the proposal is pending for filling up...of the Income Tax Appellate Tribunal, the work of such Tribunals has seriously hampered. The prayer is, therefore, made for directing the respondents to recruit requisite number of Deputy Registrars...there are 26 posts of Assistant Registrars in Income Tax Appellate Tribunal. Mode of filling up these posts are 50% by promotion and 50% by direct recruitment. It is stated that against the promotion...

...) 1. Prayer made in the present petition is for quashing of the ord 23.08.2017 whereby the petitioner has been denied ACP benefit on account of refusal to accept promotion. ... prays that a direction be given to the respondents to matter keeping in view the judgment passed Pal vs. State of Punjab...petition, however, at the time of hearing, the prayer is only restricted to the grant of the benefit of the 3rd ACP Grade on completion of 14 years of serv 2/3 years from...

...promotions. Though the practice of calling for willingness to be promoted was adopted with the good intention of preventing the critical post of Loco Pilot (Mail) remaining vacant on account of refusal to accept ...willingness or otherwise within 15 days of the order to the concerned office. Those who refuse promotions will be debarred from promotion for one year and will loose seniority to their juniors who accept...has no legal sanctity. At the same time, provision is made in the Indian Railway Establishment Manual to penalise those who refuse promotion. Therefore, non consideration of the...

...Officer vide order dated 21.09.2017 i.e. immediately after one year of refusal to accept earlier promotion order. Again petitioner refused to accept the promotion, on the ground that at t...- As the petitioner, according to instructions/norms, was debarred from consideration for promotion for the period of one year after refusal to accept the offer of ...available/accrued for promotion to the post of Sub Divisional Ayurvedic Medical Officer, till the retirement of petitioner and, therefore, petitioner could not be promoted for third time. 4. At ...

...has negatived the claim of the Petitioners, Shri Bhuyar, learned Counsel for the Petitioners, submits that this will not be a refusal to accept promotion as what was offered was not promotion in the...Tribunal referring to the fact that the Petitioners were offered promotion to the post of Air Compressor Driver on 29 April 1988, which they refused and as per the Government Resolutions dated 8 June...1995 and 1 November 2008 they relinquished their claim to the time bound promotion, dismissed the Original Application by the impugned order dated 15 June 2017. The Petitioners filed a Review...

...contained in Para 25 of MACPS is a policy decision of the Government with regard to the effect of refusal to accept promotion under the said scheme. That any relaxation of the conditions contained in MACPS...orders dated 16.04.2008 and 23.07.2008, it 7/22 https://www.mhc.tn.gov.in/judis appears to us that the consequence for refusing to accept promotion is provided in those orders viz., a bar from being promoted for a... i.e., date of implementation of MACPS. iii) The consequence for the refusal to accept the promotion in terms of the orders dated 16.04.2008 and 02.05.2008 would only debar...

.... The issue regarding withdrawal of benefit of Kramonnati granted earlier on account of refusal to accept promotion was earlier considered by Division Bench of this Court in the case of...subsequent refusal to accept promotion. The Court held in para 6 as under: "6. In our opinion, the learned Single Judge has committed an error by holding that.... 17. In view of the discussion made above, action of the respondents in withdrawing the benefit of Kramonatti granted to the petitioner on account of his refusal to accept ...

...to accept the promotion. As such he continued as Handyman and remained at Kohima.3. The petitioner is particularly aggrieved by para 2 of the impugned order dated 28th May 1991. That portion of the impugned o...as the grade of Handyman is concerned. The contention of the learned counsel for the petitioner is that in view of some domestic problems he declined the order of promotion to the next higher post as Tractor Driver. However, it is c...occasion arises. The doors for promotion cannot be shut completely and for ever. The only difference in such a case is that in view of this refusal to accept the earlier promotion, the benefit of such...

...absence in interview, non-approval and refusal to accept promotion”, it was stated as under:“(i) If an officer is ultimately not selected for promotion in any selection...refuses to accept promotion, the bar of 2 years starts from the date of refusal and he becomes ineligible for consideration. Thus from the date of refusal, for two years he cannot be considered at all...force in the contention of Shri Madhava Reddy.15. It is seen that on his refusal to accept the promotion or on its cancellation, he became ineligible for 2 years for...

...the aforesaid case, the promotion was given in the same pay-scale on the post of accountant and this Court has arrived at a conclusion that refusal to accept promotion which is in the same pay-scale...time bout upgradation in spite of completion of 30 years of service on the ground that the petitioner has refused to accept the promotional post.4. This Court in similar circumstances...join in pursuance to the order of promotion on the promotional post. As per the aforesaid circular, if the employee refused to join on the promotional post and forgo the promotion then the benefit of...

...dated 26.06.2000, the condition contained debarring the kramonnati on the ground of refusal to accept promotion as contained in Annexure-P2 dated 5.7.2002 and 23.07.2002 was not at all in existence...21.08.1998 However, due to family hardship, the petitioner refused to accept the said promotion. The department issued the order dated 24.02.1999 in which it has been stated that as the petitioner has...ground that he has refused to accept the promotion. Against the said order, the petitioner has submitted representation on 25.06.2003, however no action has been taken on the said representation and has...