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RAJANI DUBEY
Rajkumar Singh, S/o. Shri Neelkanth Singh – Appellant
Versus
State of Chhattisgarh through the Secretary, Department of Agriculture, Raipur (C. G. ) – Respondent
ORDER :
1. The petitioner has preferred the present writ petition praying for the following reliefs:-
2. Issue an appropriate writ and quash/set aside the impugned order dated 18-08-2010 (Annexure P/1).
3. Issue an appropriate writ and direct the respondents to grant all consequential benefits by virtue of revival of the order dated 14.01.2002 (Annexure P/6 ).
4. Grant any other relief as deemed fit by this Hon'ble Court in the facts and circumstances of this case.”
2. Brief facts of the case are that the petitioner was initially appointed as peon with the respondent Board. While working as Nakedar he was promoted to the post of Mandi Inspector Grade-II, subject to approval of the Director of Mandi. However, by the time the Director declined to approve the said promotion, whereas the petitioner had already worked for more than two years on such post, i.e. from 01.11.1975 to 23.12.1977. The petitioner being aggrieved by the refusal of the Director of Mandi to approve his promotion for want of rules filed a writ petition before the High Court of Madhya Pradesh. On
A stale claim for promotion and benefits cannot be revived after significant delay; acquiescence and laches bar relief.
Lien entitles promotion in parent cadre until closure; post-absorption, parent unit lacks jurisdiction to cancel implemented promotions.
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 promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
Substantive DPC promotion cannot be rescinded unilaterally without notice, hearing, and due process under natural justice principles.
The court emphasized that the denial of arrears of pay and notional promotion must be based on valid reasons and compliance with court orders is mandatory.
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