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IN THE HIGH COURT OF JUDICATURE AT PATNA
Harish Kumar,
Sameer Kumar Singh Son of Late Lalji Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. petitioners' promotion eligibility based on amie qualification. (Para 2 , 3) |
| 2. promotion quota and vacancy calculation issues. (Para 4 , 5 , 6) |
| 3. contentions regarding retrospective promotion rights. (Para 9 , 10 , 11) |
| 4. importance of legitimate expectation and rule of law. (Para 15 , 18 , 19) |
| 5. rights for timely promotion considerations. (Para 21) |
| 6. promotion must be timely; fairness in employer's duty. (Para 22 , 24 , 26) |
| 7. writ petition allowed; direction for promotion consideration. (Para 27 , 28) |
JUDGMENT :
Harish Kumar, J.
This Court has heard Mr. Y V Giri, learned Senior Advocate along with Mr. Rakesh Mohan Singh, learned Advocate for the petitioners and Mr. Prem Ranjan Raj, learned Advocate for the State. The intervenor respondents have appeared through Mr. Lalit Kishore, learned Senior Advocate along with Mr. Prabhu Nath Pathak, learned Advocate.
2. The petitioners, before this Court, are the Junior Engineers, who acquired qualification of Associate Membership of Institution of Engineers (hereinafter referred to as “AMIE”) or equivalent qualification in the year 2011-2012, while some of them have obtained the qualification in the year 2005, 2008, 2009 and 20
Promotion under public service must be timely and based on established qualifications without arbitrary delay; retrospective promotions are justified under prescribed eligibility criteria.
Promotion for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
(1) Promotion – Promotion is effective from the date it is granted and not from the date when vacancy occurs on subject post or when the post itself is created – There is no fundamental right to prom....
If an appointment is made by way of stop gap arrangement without considering claims of all the eligible available persons and without following rules of appointment, experience on such appointment ca....
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