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RAJANI DUBEY
Umashankar Verma S/o Krishna Verma – Appellant
Versus
Chief Secretary, C. G. Govt. Higher Education, Mantralaya, Mahanadi Bhawan, Naya Raipur Chhattisgarh – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:
(ii) The Hon'ble Court may kindly be pleased to give instruction to Respondents No. 1 to 3 consider the case of petitioner for promotion to the post of Registrar like the respondents No. 4 and 5 and give seniority and balance payments from the date of promotion as given in writ and release the whole balance payment till the date of Retirement of the petitioner.
2. Brief facts of the case as projected by the petitioner are that, the Petitioner's Joining in Education Department on 01.09.1973 and his date of Birth is 01.01.1954 and he was promoted on the post of Assistant Grade-1 on 29.01.2005. So he should be promoted on the post of Registrar from 14.06.2015. According to the general condition of service and as per the provision of the condition of S.No. 8, he is entitled to get the promotion for th
The main legal point established in the judgment is that promotion decisions are based on seniority-cum-merit and the application of relevant rules, specifically the Chhattisgarh Public Service (Prom....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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.
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
No vested right to promotion exists if the position was downgraded before approval, despite eligibility.
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
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