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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Satyen Vaidya, J
R.P. Rana – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Satyen Vaidya, J.
1. By way of instant petition, the petitioner has prayed for following substantive reliefs:-
“i. Issue a writ in the nature of certiorari, mandamus or other appropriate writ or direction quashing Office Order dated 1st May, 2012, (Annexure P-8).
ii. Issue a writ of mandamus directing the respondent department and respondent No.3 to convene review DPC and consider the case of the petitioner for promotion of the post of Labour Officer from the due date i.e. Sept., 2002 with all consequential benefits or in alternative direct the respondent department to promote the petitioner as Labour Officer w.e.f. Sep., 2002.”
2. The case as pleaded by the petitioner is that he was appointed as Labour Inspector on 08.08.1990. On completion of five years of service as Labour Inspector, the petitioner became eligible for being considered for promotion to the post of Labour Officer. The post of Labour Officer fell vacant in the month of September, 2002. The petitioner being senior most Labour Inspector was though due for consideration for promotion to the post of Labour Officer, but, such consideration was stalled as one Shri Rajesh Kumar preferred O.A. No. 3289 of 2002, title
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.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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.
(1) Promotion – Promotion is effective from the date it is granted and not from the date when vacancy occurs on subject post or when the post itself is created – There is no fundamental right to prom....
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.
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....
The right to promotion is not vested; retrospective promotions require clear rules or exceptional circumstances and are effective only from the date granted, not from the vacancy date.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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