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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Narender Mehta – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
(Sandeep Sharma, J.)
By way of instant petition filed under Article 226 of the Constitution of India, petitioner has prayed for following main reliefs:
“(i)That impugned Annexure P-10 dated 31st July 2019 as also N-474 of Annexure P-11 & Annexure P-13, dated 2nd January, 2020 may very kindly be quashed and set aside;
(ii) That this Hon’ble Court may very kindly be pleased to direct the respondents to implement the decision taken by the Council of Ministers in its meeting held on 10th April, 2017 in its entirety by extending all benefits which may accrue on account of such decision, in the interest of law and justice.
(iii) That the respondents, particularly respondent No.1, may very kindly be directed to grant grade pay Rs.7800/- to the petitioner on and w.e.f. 7th October, 2017, when the petitioner was promoted to the post of Joint Registrar, and to pay arrears alongwith interest at the rate of 9% per annum.”
2. For having bird’s eye view, the facts as emerge from the pleadings adduced on record by the respective parties are that petitioner, who was initially appointed as Steno Typist/Jr. Scale Stenographer in Himachal Pradesh Judicial Department in the Year 1988, was appoint
The Cabinet has the authority to retract discretionary promotions when not based on formal Recruitment & Promotion Rules, and no enforceable right exists for further promotion.
The discretionary power to relax rules should be exercised sparingly to meet exceptional situations, and the principle of 'equal pay for equal work' applies to grant financial benefits for dischargin....
No vested right to promotion exists if the position was downgraded before approval, despite eligibility.
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....
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
The court upheld the promotion process as fair, emphasizing merit-cum-seniority criteria and the advisory committee's objective assessment, ruling that the appellate authority's decision did not requ....
Promotion decisions in administrative matters can prioritize merit over seniority, and procedural irregularities do not invalidate the decision if the assessment is objective.
The court emphasized the fundamental right to promotion and directed the consideration of the petitioner's seniority and promotion claims after disciplinary proceedings concluded.
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