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IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
Upendra Kumar Bhagat, Son of Late Basudev Bhagat – Appellant
Versus
High Court of Judicature at Patna, through its Registrar General – Respondent
JUDGMENT :
This Court has heard Mr. Brisketu Sharan Pandey, learned Advocate for the petitioner and Mr. Satyabir Bharti, learned Senior Advocate along with Ms. Kanupriya, learned Advocate for the respondent Patna High Court.
2. The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents to consider the candidature of the petitioner for promotion to the post of Section Officer with effect from its due date i.e. on 01.01.2016, as also to the post of Assistant Registrar w.e.f. 05.02.2019 and further to the post of Deputy Registrar w.e.f. 30.01.2021, the date on which other identical situated persons/contemporaries have been promoted to such post. The petitioner also prays for a direction to the respondents concerned to extend the benefit of promotion in the higher scale by way of 2nd ACP w.e.f. 01.01.2016 and MACP w.e.f. 01.07.2020 to which the petitioner is entitled to upon completion of more than 20 years and 30 years of service respectively, reckoning from his date of joining. The petitioner finally sought a direction to hold and declare that the petitioner is e
An employee's denial of promotion based on disciplinary action cannot persist once the penalty is modified or set aside, establishing the right to fair consideration for promotion within established ....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The main legal point established is that 'Censure' punishment does not warrant the imposition of check periods for promotion, and surcharge proceedings should not automatically disqualify an individu....
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
Promotion under the IRCTC policy requires absence of disciplinary penalties; denial of promotion is a natural consequence, not a penalty itself.
Promotions may be granted retrospectively with salary when administrative delays occur due to no fault of the employee, avoiding disparate treatment based on administrative negligence.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
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