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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Gulab Singh – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. facts about petitioner's promotion and communication. (Para 2 , 3 , 5 , 6) |
| 2. arguments concerning entitlements and procedural delays. (Para 4 , 10 , 12) |
| 3. court’s observations on eligibility for promotion benefits. (Para 8 , 9 , 11 , 13) |
| 4. reference to precedent supporting retrospective promotions. (Para 14 , 15) |
| 5. court’s decision on promotion eligibility based on petitioner's past service. (Para 16 , 17) |
| 6. final ruling granting retrospective benefits. (Para 18 , 19) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
The petitioner has filed the instant petition, praying therein for the following substantive reliefs:-
“(i) That the Respondent may kindly be directed to treat Petitioner to have been regularized /promoted to the post of Tehsildar (Class I Gazetted) on regular basis w.e.f. 08.01.2014 when he was promoted on ad hoc basis (Annexure P-2) against 2014 vacancies in pursuance of promotion order dated 21st June, 2019 (Annexure P-7) with all consequential benefits including retiral.
ii) That last para of impugned Notification dated 21st June, 2019 (Annexure P-7) may kindly be declared null and void and the same may kindly be quashed and set aside qua the Petitioner.”
2. Shorn of
Petitioner entitled to retrospective benefits from promotion date due to having performed duties in the post, despite retirement status; denial of benefits ruled arbitrary.
Promotion in public service must adhere to seniority principles, and arbitrary actions undermining this principle are impermissible.
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.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Point of Law : In case of a notional promotion from retrospective date, it cannot entitle the employee to arrears of salary as the incumbent has not worked in the promotional post.
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