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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SANDEEP SHARMA
Murari Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Sandeep Sharma, J.
Precisely, the question which needs to be determined in the instant petition is that “whether a vacancy is to be filled up on the basis of rules in vogue on the date of creation thereof or whether same can only be filled under the rules existing at the time of consideration?”.
2. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. J.L. Bhardwaj, learned Senior Counsel, duly assisted by Mr. Sanjay Bhardwaj, learned counsel representing the petitioner is that though petitioner is officiating as Principal in respondent No.4-College since
2023, but yet he is being denied promotion against the post of Principal on regular basis on the ground that vacancy of Principal, which had actually fallen vacant on 31.05.2023 can only be filled up under the rules existing on the date of creation of vacancy, wherein retirement age was 58 years.
3. While making this Court peruse bye-laws and rules governing miscellaneous matters connected therewith (Annexure P- 22), promulgated by respondent-Trust, Mr. Bhardwaj, learned Senior Advocate, states that though there is a fallacy in the stand taken by the respondents with re
Promotion rights are determined by the rules in force at the time of consideration, not by outdated rules at the time of vacancy creation.
Recruitment and Promotion Rules - Promotion - Benefits of - A person, who performs duties of higher office, must get salary of same post. He cannot waive of his fundamental/legal right to get higher ....
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....
Ad-hoc principals are only entitled to the salary of their position following the fulfillment of specific preconditions under Section 18 of the U.P. Secondary Education Service Selection Board Act, 1....
Employee, if erroneously denied his legal right, shall be entitled to his right with all consequential benefits.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
An employee discharging duties of a higher post is entitled to pay and allowances for that position, regardless of the absence of formal promotion orders. Delay in processing claims does not nullify ....
Promotion is not a vested right and an employee only has the right to be considered for promotion.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
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