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RAJANI DUBEY
Rajendra Kumar Sharma, S/o Late J. P. Sharma – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
1. The petitioner has preferred the present writ petition praying for the following reliefs:-
B. That this Hon'ble Court be pleased to set aside/quashed the impugned order dated 24-07- 2008 (Annexure (P/dagger) issued by the Respondent No. 3 and memo dated 11-11-2010 (Annexure P/13) issued by the Respondent No. 4.
C. This Hon'ble Court be pleased to hold that the petitioners are entitled for consideration of promotion to the post of Dy. Director/Sr. Secretary (Prever Grade).
D. This Hon'ble Court be pleased to further hold that the Respondent No. 5 to 13 are not entitled for promotion according to the promotion rules as Chhattisgarh Public Service (Promotion) Rules, 2003.
E. This Hon'ble Court be pleased to set aside the order dated 03- 05-2007 issued by the Respondent No. 3 whereby, the respondent No. has been granted out of turn seniority much above the petitioner against the rules and further set aside the subsequent seniority list period from 2006 to 2008 issued by the Respondent authority from time to time.
F. Any other relief a
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....
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
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.
Promotions on seniority-cum-merit basis require using final seniority list of feeder cadre from immediately preceding year; initial joining date irrelevant; non-speaking orders invalid; settled lists....
An employee cannot be denied promotion and seniority due to the unjustified delay on the part of the government.
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