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PURNENDU SINGH
Archana Kumari – Appellant
Versus
State of Bihar – Respondent
Purnendu Singh, J.—Heard Mr. S. B. K. Manglam, learned counsel appearing on behalf of the petitioner and learned AC to learned AG for the State.
2. Petitioners have inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:—
“(I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to consider the petitioners’ case for their promotion to the post of Ward Sistery Nursing Sister in the pay-scale prescribed for the post i.e. Pay Level-8 on the ground that if the Respondents have considered the cases of other similary situated General Nurse Midwifery Grade-A and Staff Nurse Grade- A for their temporaty officiating charge of the post but with prescribed pay-scale, the petitioners are also entitled to be considered for such promotion with effect from the same date when they have considered the case of juniors to the petitioners without considering the case of petitioners, who were admittedly senior to them.
(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondents Authorities for grant of benefit of pay-scale and the post for all future benefits to the p
Promotion decisions must adhere to principles of equality, and discrimination against eligible candidates, based on administrative failures, violate constitutional rights under Articles 14 and 16.
Challenges to promotions must be timely; belated claims may be dismissed, especially when subsequent promotions render seniority disputes moot.
The court emphasized that challenges to promotions must be timely and adhere to established rules, with a focus on legality and procedural correctness.
The main legal point established in the judgment is the entitlement of the petitioner, as a diploma holder, to the grade of Rs.5700-10100 retrospectively from the date of his initial appointment, emp....
Promotion is not a vested right and an employee only has the right to be considered for promotion.
The denial of promotion to an eligible employee, despite being similarly situated to another promoted employee, constitutes arbitrary discrimination and violates principles of fairness and natural ju....
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