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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
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'ble Court may kindly be pleased to direct concern department for consider the objection raised by the petitioner and direct the department to allow salary scale of Assistant research officer from the date of 8-08-2022.
10.3 That, this Hon'ble Court may kindly be pleased to direct concern department to give petitioner all benefits of seniority from the date of 07-05-2012.
10.4 Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”
3. Brief facts of the case, in nutshell, are as under:-
- The petitioner is presently working as an Embankment Inspector in the Water Resources Department, Government of C
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.
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.
Promotion is not a vested right and an employee only has the right to be considered for promotion.
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
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