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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Ramesh Kumar Thakur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Notice. Mr. L.N. Sharma, learned Additional Advocate General, appears and waives service of notice on behalf of the respondents.
2. More than seven years after his retirement, petitioner has instituted this writ petition seeking promotion to the post of Ranger.
3. Petitioner’s case is that he was due for promotion to post of Ranger in the year 2016. Meeting of DepartmentalPromotion Committee was also convened for making promotions to the post of Ranger. Petitioner was liable to be promoted. Petitioner was deliberately and intentionally not included for promotion to the post of Ranger by the DPC. He accordingly, seeks direction to the respondents that his case be considered for promotion to the post of Ranger from the due date i.e. the year 2016 alongwith all consequential benefits.
4. At this juncture, it will be appropriate to refer to Government of West Bengal & Ors. vs. Dr. Amal Satpathi & Ors., [Civil Appeal No.13187 of 2024 decided on 27.11.2024], whereunder it was held that employee whose promotion was not effectuated before his retirement would not be entitled to retrospective promotion and the notional benefits attached to the promotion.
In the af
The right to be considered for promotion is fundamental, but promotion is effective only upon assuming duties, and retrospective promotions are impermissible.
The right to be considered for promotion is fundamental, but there is no absolute right to promotion itself; promotions are effective only upon assuming duties.
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
(1) Right to promotion and subsequent benefits and seniority would arise only with respect to rules governing said promotion, and not a different set of rules which might apply to a promoted post fac....
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
A mere inclusion in a promotion panel does not create a vested right to promotion; candidates are entitled only to consideration for promotion within valid administrative discretion.
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
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