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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUDHIR SINGH, RAJESH KUMAR VERMA
Union of India through the Secretary, Ministry of Information and Broadcasting – Appellant
Versus
Vishwa Mohan Kumar (In person) S/o Madan Mohan Chaudhary – Respondent
JUDGMENT :
RAJESH KUMAR VERMA, J.
1. Heard Dr. K.N. Singh, learned Additional Solicitor General of India assisted by Mr. Ram Tujabh Singh, learned counsel for the petitioners and Mr. Vishwa Mohan Kumar (In person) for the sole respondent.
2. The present writ petition has been filed for challenging the order dated 04.01.2024 passed in OA No. 050/00505 of 2019 by which the learned Central Administrative Tribunal has been directed to the respondent’s promotion to the post of Executive Engineer should be regularized w.e.f. 30.11.2010 the date on which he was given the current duty charge of that post as he held that post continuously till regular promotion. Apart from the aforesaid, the learned Central Administrative Tribunal also directed the petitioners to issue order of promotion to the post of Executive Engineer w.e.f. 30.11.2010 with all consequential benefits within three months from the date of this order.
3. Learned counsel for the petitioners submits that the respondent herein was appointed as Assistant Engineer in the Civil Construction Wing of All India Radio on 19.12.1990 and was granted financial up-gradation to Grade Pay of Rs. 6600/- w.e.f. 18.12.2002 vide order dated 27.04.
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
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.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
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.
Functioning of Government in a State is Governed by Article 166 of Constitution, which lays down that there shall be a Council of ministers with Chief Minister at head, to aid and advise Governor in ....
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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