Back
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
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 set aside.
(ii) By an appropriate writ, order or direction, the respondents be directed to convene a Review Departmental Promotion Committee for the vacancy year 2011–2012 for the post of Deputy Chief Engineer and Chief Engineer, after considering the candidature of the petitioner in accordance with law.
(iii) By an appropriate writ, order or direction, the respondents be directed to grant promotion to the petitioner on the post of Deputy Chief Engineer and Chief Engineer, against the vacancy year 2011–2012, with all consequen
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 for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
The main legal point established in the judgment is that the right to be considered for promotion is a fundamental right, and seniority cannot be granted retrospectively when an employee was not born....
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....
Promotion decisions must adhere to established seniority lists to avoid arbitrary actions violating principles of natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
