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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Vinod Sharma S/o Late Shri Banshilal Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioner seeks promotion after recommendation. (Para 1 , 2) |
| 2. arguments on entitlement to promotion date. (Para 3 , 4) |
| 3. court hears arguments and examines facts. (Para 6 , 12 , 15) |
| 4. promotion effective from grant date, not recommendation. (Para 7 , 8 , 9 , 10 , 11 , 13 , 14) |
| 5. writ petition dismissed; no merit found. (Para 16) |
ORDER :
1. Petitioner has filed this petition seeking following reliefs:
“(i) That, this Hon’ble Court may kindly be pleased to quash the impugned order dated 03.12.2024 Annexure P-1, in the interest of justice.
(ii) That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to consider the claim of petitioner and to grant promotion on the post of Revenue Officer from the date of recommendation 07.02.2022 with all consequential benefit with interest of 18% within stipulated period, in the interest of justice.
(ii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Facts of the case is that petitioner was holding the post of Assistant Revenue Officer and was at Sr. No.1 in the gradation list. The Departmental Promotion Committee (DPC) in its meeting dated 7.2.202
Recommendations from a Departmental Promotion Committee do not confer an automatic right to promotion; formal approval by the Competent Authority is required for promotion to take effect.
Promotion to administrative posts requires formal approval from the State Government; mere recommendations by the DPC do not confer an indefeasible right to promotion, especially post-retirement.
Promotion is effective only upon the assumption of duties, not on vacancy date or eligibility.
The claim for promotion is not a right and the promotions are to be made at the discretion of the employer as and when the employer feels the requirement of the same.
DPC recommendations for promotion are advisory and must be supported by valid reasons if not accepted; arbitrary denial of promotion violates an employee's right to consideration.
Promotion effective from date granted, not vacancy date; DPC recommendations advisory, no right to retrospective effect despite litigation delays; ad hoc promotions regularized notionally from ad hoc....
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 eligibility requires fulfillment of specific conditions at retirement; mere vacancy does not confer entitlement to retrospective promotion.
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