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SURESH KUMAR KAIT, SAURABH BANERJEE
Champa Lal Prajapat – Appellant
Versus
Union Of India – Respondent
JUDGMENT
1. The present petition has been filed by the petitioner seeking a direction to the respondent to create promotional avenues for the post of Constable (Tradesman) in trade of cobbler and to grant due promotion to the petitioner.
2. Petitioner claims to have been recruited in the services of Border Security Force (BSF) in the year 1989 as a Constable (Tradesman) (Male) in the trade of Cobbler. However, even after contributing his services of more than 27 years, he has been working on the same post without any promotion. Petitioner has averred that initially the post of Constable (Tradesman) (Male) in the trade of Cobbler had promotional avenue to the post of Hawaldar but after coming into effect the changed recruitment rules in the year 1986, petitioner has remained without any promotion in this cadre, which is essential service condition.
3. On 01.11.2019, learned counsel appearing on behalf of respondents had informed the Court that the present petition has been treated as an non-adversarial and the proposal for carving out a promotional avenue for petitioner was under consideration of Finance Department and Ministry of Home Affairs. On the next date i.e. 17.12.2019, the Und
The court emphasized that timely decisions must be rendered by authorities on service promotions to uphold an employee's rights and service conditions.
The court directed the timely creation of recruitment rules for promotions to prevent unjust procedural delays, allowing remedies if the timeline is not adhered to.
Denial of promotion based on mere inquiry without formal charges is arbitrary and violates the right to be considered for promotion under Article 16(1).
The main legal point established in the judgment is that the past services of the petitioner were not considered for promotion to the post of Head Constable as per the specified qualifying service of....
A deficient promotion process, despite rights, mandates timely consideration of representations by the employer, reinforcing employees' entitlement to appeals if unresolved.
Deemed abolition under Finance O.M. 12.04.2017 inapplicable to continuously manned promotional posts; right to DPC consideration from vacancy date upheld despite prolonged inaction.
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