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M. K. THAKKER
Harshad Rameshchandra Shah – Appellant
Versus
Gujarat State Fertilizer And Chemicals Limited – Respondent
JUDGMENT :
(M. K. Thakker, J.)
1. Rule returnable forthwith. Learned advocate Mr.Naik waives service of notice of Rule on behalf of respondent.
2. This petition is filed under Article 14, 19, 226 and 227 of the Constitution of India with following reliefs:-
(B) Pending admission, hearing and final disposal of the petition, this Hon'ble Court be stay the execution, operation and implementation of the impugned judgment and order dated 28.04.2022 passed by the respondent No.2-Presiding Officer, Labour Court, Vadodara in Recovery Application No.90 of 2018, at Annexure-A to this petition.
(C) Cost of this petition, be provided to the petitioner.
(D) This Hon'ble Court may
The court clarified that conditions for time-bound promotions differ from regular promotions, emphasizing entitlement based on service completion without mandatory interview requirements.
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.
A stale claim for promotion and benefits cannot be revived after significant delay; acquiescence and laches bar relief.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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