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INDERJEET SINGH
Mukesh Sharma – Appellant
Versus
State Water Resources Dep. – Respondent
JUDGMENT
Heard on the 3rd stay application filed on behalf of private respondent No.7 (Sanjay Sethi).
(D.B. SAW/749/2018 and 3 more have been filed in this matter. Please refer the same for further orders) The prayer made in the 3rd stay application reads as under:-
Any other order which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case also be passed in favour of humble applicant."
Learned counsel appearing on behalf of the applicant submitted that the department is going to make promotions on the post of Superintending Engineer and Additional Chief Engineers from the post of Executive Engineers and Superintending Engineer without seeking permission o
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 on seniority-cum-merit basis require using final seniority list of feeder cadre from immediately preceding year; initial joining date irrelevant; non-speaking orders invalid; settled lists....
Promotion eligibility must align with established seniority rules; arbitrary criteria violate judicial mandates requiring reasoned decisions in service matters.
Promotions granted after considerable time cannot be revoked without evidence of procedural irregularity, maintaining settled service positions reinforces legal principles of justice and fairness.
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....
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
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