Back
RAKESH MOHAN PANDEY
Neelam Kumar Sahu, S/o Shri Heeraram Sahu – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
RAKESH MOHAN PANDEY, J.
1. The present writ petition has been preferred by the petitioners with the following prayer(s):-
10.2 That, this Hon'ble Court may kindly be pleaded to direct the respondent authorities to grant promotion to the petitioners on being successful through the process of promotion from the date they became eligible for promotion and posts fall vacant, with all consequential benefits.
10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may give given.
2. Learned counsel appearing for the petitioners submitted that the petitioners were appointed to the post of Junior Engineer (Generation Wing) by the respondent/CG State Power Holding Company Limited between the period from July, 2007 to September, 2007, thereafter, their services were regularized after completion of training and probation period. He further subm
Promotion to higher posts requires a selection process; mere existence of vacancies does not confer a right to promotion.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Promotion and seniority can only be awarded retrospectively when vacancies exist at the time of officiating promotions, and the Department must reevaluate claims based on factual evidence.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
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 fundamental, but does not guarantee automatic promotion upon vacancy; effective grants govern promotion rights.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
