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V. KAMESWAR RAO, NOOP KUMAR MENDIRATTA
Ravinder Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)--The challenge in this petition is to two orders dated May 9, 2023 and June 1, 2023 passed by the Central Administrative Tribunal, New Delhi (`Tribunal', for short) in the Original Application being OA 1364/2023 (`OA', for short) whereby the Tribunal vide order dated May 9, 2023 has granted the interim relief in favour of the respondent Nos. 3 to 8 herein by directing the respondent Nos. 1 and 2 herein to maintain status quo with regard to the promotion to the post of Executive Engineer (Electrical and Mechanical) from serial no. 90 onwards of seniority list of Assistant Engineer (Electrical), CPWD dated February 14, 2022.
2. Whereas, vide order dated June 1, 2023, the Tribunal, while fixing the matter for July 19, 2023 in OAs 1068/2023 and 1364/2023, apart from continuing the interim order dated May 9, 2023 has issued notice in the third OA being 1596/2023.
3. The submission of Mr. M. K. Bhardwaj, learned counsel appearing for the petitioners is that the Tribunal should at least hear the application filed by the petitioners herein seeking vacation of the stay order dated May 9, 2023 and may thereafter state, any promotion to the post of Executi
Promotions to higher posts must not proceed without prior court approval, especially when related litigation is pending.
The main legal point established in the judgment is that promotions to higher posts shall remain subject to the final decision of the writ petition, as granted by previous orders and the provisions o....
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
Promotions granted after considerable time cannot be revoked without evidence of procedural irregularity, maintaining settled service positions reinforces legal principles of justice and fairness.
Rule 28(b)(i)(14) of KS & SSR Part II stipulated that Government may by order effect promotions/appointments by transfer notionally without monetary benefit of pay and allowances but with consequenti....
The main legal point established in the judgment is that a claim for promotion can be time-barred, and the petitioner must meet the benchmark for promotion as stipulated in the relevant regulations.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
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