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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Prem Sukh – Appellant
Versus
HRTC – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Notice. Mr. Deepak Sharma, learned Counsel, accepts service of notice on behalf of the respondents.
2. More than five years after his retirement, petitioner has instituted this writ petition with the grievance that he was eligible for promotion to the post of Sub Inspector and was wrongly deprived of his legitimate right to be promoted as Sub Inspector. Petitioner seeks direction to the respondents-Corporation to promote him as Sub Inspectorfrom the due date alongwtih all consequential benefits including interest thereupon.
3. The case set up is that the petitioner joined the respondent-Corporation on 07.11.1990. He retired as Conductor from the respondent-Corporation on attaining the age of superannuation on 31.10.2019. Petitioner claims that he was considered for promotion to the post of Sub- Inspector in the meeting of Departmental Promotion Committee convened on 09.07.2019; His name figured at Sr. No. 22 of the waiting panel of the Scheduled Caste Category; Petitioner, however, was not promoted as Sub Inspector and he superannuated on 31.10.2019. Petitioner made a representation to the respondent on 30.12.2021 to confer him the benefits of promotion
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.
The right to be considered for promotion is fundamental, but promotion is effective only upon assuming duties, and retrospective promotions are impermissible.
(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 ....
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.
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.
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
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.
(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....
Consideration for promotion is a fundamental right of an employee, and promotions cannot be claimed as an absolute right.
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....
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