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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J
Asha Chauhan – Appellant
Versus
Amit Kashyap – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Whether the expression ‘consequential benefits’ would also encompass grant of all such promotions to the employee (petitioner) at different stages, which have not been specifically ordered in the judgment by the Court and whether non-grant of same by the employer would entail an action in contempt jurisdiction, are the questions involved in this contempt petition.
2. Related facts.
2(i) Asha Chauhan Vs. Himachal Pradesh Tourism Development Corporation Limited Shimla & Others, [CWPOA No. 222/2020 decided on 24.05.2023] was filed by the petitioner with the grievance that she had been wrongly ignored for promotion against the post of Superintendent Grade-II w.e.f. 06.07.2016 i.e. the date when her juniors were promoted against the said post.
The Department took the stand that the merit of all candidates was assessed by the Departmental Promotion Committee (DPC) on the basis of their respective Annual Confidential Reports (ACRs). Selected candidates were found to be “outstanding” whereas the petitioner was denied promotion as she was assessed only as “very good”.
During pendency of the petition, petitioner retired from service on 30.09.2022.
2(ii) The Court fo
The court clarified that 'consequential benefits' do not inherently include further promotions unless explicitly ordered, and compliance with the original judgment was established.
An employee exonerated from disciplinary proceedings is entitled to retrospective promotion and benefits if procedural defects in the enquiry are established.
Vacancies which arose prior to amendment of Rules should be filled up only in accordance with un-amended Rules, disposed of petition reserving liberty to respondents/State to review any promotion gra....
Contempt proceedings cannot issue substantive directions; eligibility for promotion must be determined based on established criteria, not merely participation in examinations.
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