Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Om Parkash Bhardwaj – Appellant
Versus
State Of Himachal Pradesh – Respondent
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“1. That the impugned order dated 02/07/2025 Annexure P5 and P6 may kindly be set aside and quashed.
2. That by way of writ of certiorari the action of the respondent no. 2 where vide Annexure P5 strar and P6 the Junior Persons to the petitioner has been promoted to the post of Assistant Engineer (Civil) while the petitioner has been ignored without assigning any reason may kindly be set aside and quashed and by way of writ of mandamus respondent no. 2 may be given direction to promote the petitioner to the post of Assistant engineer (civil) w.e.f. 02/07/2025 when junior person (respondent no. 3 and 4) were given promotion with all consequential benefits flowing there from.”
2. The case of the petitioner is that he was appointed as a Supervisor on a daily wage basis with the respondent- Corporation in the year 1988. At the relevant time, he was possessing the qualification of a 2 years Diploma from ITI Institute Samshi, District Kullu, in the trade of Building Construction. After completion of 10 years of daily basis service, the services of the petitioner wer
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Appointing authority cannot selectively reject DPC recommendations for eligible candidate while accepting for others without following Handbook procedure for disagreement; must ensure equal treatment....
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
