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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
PRAVEER BHATNAGAR
Arjun Raj Mohnot, Son Of Shri Ugam Raj Mohnot – Appellant
Versus
Jaipur Vidhut Vitran Nigam Limited, Through Its Secretary (Administration), Vidhut Bhawan – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief against individual's promotions. (Para 1) |
| 2. background of petitioner's service and promotion regulations. (Para 2 , 3 , 4) |
| 3. petitioner's contention regarding promotions and vacancies. (Para 5 , 6 , 7) |
| 4. respondents' arguments against petitioner's promotion claim. (Para 8 , 9) |
| 5. legal position on promotion rights and eligibility. (Para 10 , 11) |
| 6. court's analysis on promotion rights and absence of vested rights. (Para 12 , 13) |
| 7. court's dismissal of the writ petition. (Para 14 , 15) |
JUDGMENT :
PRAVEER BHATNAGAR, J.
1. The petitioner has approached this Court by way of the present writ petition preferred under Article 226 of Constitution of India, praying for the following reliefs:
“(i) By an appropriate writ, order or direction, the action of the respondents in promoting respondent No.3 and respondent No.4 to the post of Deputy Chief Engineer and thereafter to the post of Chief Engineer, vide orders dated 18.10.2012, for the vacancy year 2011–2012, be declared illegal, arbitrary and violative of the provisions of the Engineers Service (Recruitment, Promotion and Seniority) Regulations, 1969 as well as the relevant circulars and be quashed and
The right to be considered for promotion is fundamental, but does not guarantee automatic promotion upon vacancy; effective grants govern promotion rights.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Promotion rules proviso deems seniors eligible with minimum three years regular service, placed above junior eligible via combined ad hoc and regular service, barring department from delaying DPC unt....
Promotion for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
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