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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Chhattisgarh Engineers Welfare Association – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Public Works Department – Respondent
| Table of Content |
|---|
| 1. petition seeks various reliefs related to promotions. (Para 1) |
| 2. petitioner is a registered association representing engineers. (Para 2) |
| 3. petitioner's arguments against promotions based on legality. (Para 3 , 4) |
| 4. court examines maintainability of the writ petition. (Para 6 , 7) |
| 5. locus standi of the petitioner association is discussed. (Para 8 , 12 , 13 , 14) |
| 6. legal precedents on standing and aggrievement. (Para 9 , 10 , 11) |
| 7. writ petition dismissed due to lack of locus standi. (Para 15) |
ORDER :
Amitendra Kishore Prasad, J.
1. The present writ petition is being filed seeking following reliefs:-
“i. To kindly call for the records of the case from the respondents.
ii. To kindly quash the impugned communication dated 21/08/2023 issued by the respondent no. 02.
iii To kindly direct the respondents to cancel the promotion of the private respondent on the post of Executive Engineer w.e.f. 2005 and the post of Superintendent Engineer w.e.f. 2010 as the same is unconstitutional, illegal and not sustainable in the eye of law.
iv. To kindly direct the respondents to not proceed with the further promotion of the private respondent to the post of Chief Engineer w.e.f. 2020.
v. T
Only individuals directly aggrieved by a promotion can maintain a writ petition challenging its legality; an association lacks standing without demonstrable infringement of its members' rights.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
The amendment allowing work-charged employees to seek promotion is constitutionally valid, as it involves rational classification and does not violate equality provisions.
The main legal point established in the judgment is that promotion to a reserved post is subject to the constitutional mandate and administrative prerogative of the employer, and it cannot be insiste....
The right to be considered for promotion is fundamental, but does not guarantee automatic promotion upon vacancy; effective grants govern promotion rights.
Promotion for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
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.
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