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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Salik Ram Chandrakar, S/o. Dhuru Ram Chandrakar – Appellant
Versus
State of Chhattisgarh, Through- The Secretary, Department of Water Resource, Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. factual background regarding the petitioner's promotion eligibility. (Para 2 , 3) |
| 2. arguments on the wrongful denial of promotion. (Para 4 , 5 , 6) |
| 3. government's defense against the petitioner's claims. (Para 7 , 8) |
| 4. court's observations on procedural flaws in promotions. (Para 10 , 11 , 12) |
| 5. judicial clarifications on promotion eligibility. (Para 13 , 14) |
| 6. precedents affirming the right to consider for promotion. (Para 15 , 16) |
| 7. court's critique of the government's order rejecting promotion. (Para 17 , 18) |
| 8. court's decisions on the petitioner's promotion and rights. (Para 19 , 20) |
| 9. final order and directions to extend notional benefits. (Para 21 , 22) |
Order :
AMITENDRA KISHORE PRASAD, J.
1. Heard Ms. Swati Verma, learned counsel for the petitioner as well as Mr. Rahul Tamaskar, Government Advocate with Mr. Dashrath Prajapati, Panel Lawyer appearing for the State/respondents.
2. By filing the present petition, the petitioner has prayed for following relief(s) :-
“10.1 That, this Hon'ble Court may kindly be pleased to allow this petitioner and give direction respondent no. 2 to promote the petitioner in the post of assistant research officer.
10.2 That, this Hon'
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
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 a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
Promotion for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
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