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N. UNNI KRISHNAN NAIR
S. K. Thongdok – Appellant
Versus
State of Arunachal Pradesh, represented by Chief Secretary – Respondent
Headnote: Read headnote
JUDGMENT :
HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Heard Mr. B. Taipodia, learned counsel for the petitioners. Also heard Mr. R. H. Nabam, learned Addl. Advocate General, Arunachal Pradesh, assisted by Ms. Riyum Basar, learned Government Advocate, appearing on behalf of all the respondents.
2. By way of instituting the present proceeding, the petitioners have prayed for a direction upon the respondent authorities for granting of retrospective effect to their promotion to the posts of Deputy Superintendent of Police(DySP) figuring in the Arunachal Pradesh Police Service as effected vide order, dated 20.08.2016, with effect from the date, the vacancies had so arisen in the said cadre of Deputy Superintendent of Police(DySP).
3. The facts requisite for considering the issue arising in the present proceeding is noticed as under:
The petitioners who were serving as Inspectors of Arunachal Pradesh Police, had their next promotional avenue to the posts of Deputy Superintendent of Police(DySP) figuring in the Arunachal Pradesh Police Service. The manner and met
Promotions in the Arunachal Pradesh Police Service take effect from the date of the promotion order, not from the date a vacancy arises, as per the Arunachal Pradesh Police Service Rules, 1989.
Promotion eligibility requires fulfillment of specific conditions at retirement; mere vacancy does not confer entitlement to retrospective promotion.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
The right to promotion constitutes a fundamental right under Article 16, and arbitrary actions by regulatory bodies that deny such rights are unlawful.
Promotional rights in employment are subject to employer discretion and cannot be claimed retroactively without clear evidence of wrongful delay or bad faith.
The main legal point established in the judgment is that the promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee, as per the Sealed Cov....
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
Principle of accelerated/jump up seniority would not be applicable and petitioner was required to be considered as per seniority list of Inspectors for induction into H.P.P. Services.
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