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JYOTI SINGH
T. K. ROY – Appellant
Versus
DELHI UNIVERSITY – Respondent
JUDGMENT :
JYOTI SINGH, J.
1. This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking quashing of order dated 24/30.12.2003 passed by Respondent No. 1/University of Delhi (‘University’), whereby the representation of the Petitioner dated 06.06.2003 has been rejected. Writ of mandamus is sought for a direction to the University to grant promotion to the Petitioner to the post of Technical Officer (‘TO’) from the date of eligibility with consequential effect in computation of retiral benefits.
2. Case of the Petitioner as set out in the writ petition is that Petitioner was appointed as Research and Reference Assistant (‘RRA’), a post equivalent to Senior Technical Assistant (‘STA’) on 01.03.1973 in the Department of Geography, University and was allegedly the senior-most STA at the relevant time in the Department. On 14.01.1993, University notified the upgraded post of TO in the Department. A memorandum was issued by the Department on 07.04.1993 calling upon the Petitioner for submitting the self-assessment form on or before 15.04.1993 so that his case could be considered for promotion as TO and no other person was asked t
An employee is entitled to promotion from the date of eligibility only if they meet the stipulated criteria; failure to do so negates the claim.
Promotion - There is no prayer in the petition challenging the seniority list. So, the issue of seniority cannot be gone into.
It is not necessary for Selection Committee to give reasons for its conclusion, suffice to state, Supreme Court had given a finding to that effect in cases where the rules do not contemplate so. Ther....
Promotion is not a vested right and an employee only has the right to be considered for promotion.
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.
Promotion of teachers must relate back to the date of eligibility per UGC regulations, not just the interview date.
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