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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Jugendra Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner's 1966 appointment establishes initial seniority over juniors. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. ad-hoc promotions and reversions count towards service continuity. (Para 7 , 8 , 9 , 10) |
| 3. pay revision forms single cadre for promotions and seniority. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 4. notifications grant consequential benefits including retrospective promotions. (Para 17 , 18 , 19 , 20 , 21) |
| 5. prior court orders mandate full implementation of seniority. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. undisputed facts bind parties despite qualification differences. (Para 29 , 30 , 31 , 32 , 33 , 34) |
| 7. cannot deny consequential promotions after granting retrospective seniority. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 8. consequential benefits encompass promotions per supreme court precedent. (Para 42 , 43 , 44 , 45) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
The petitioner by way of the present petition has prayed for the following substantive reliefs:-
“i) That the action of the respondents whereby the petitioner has been denied complete benefits flowing out of notification dated 07.07.2000, Annexure P-12 may be held illegal;
ii) That the respondents may be directed to impleme
Consequential benefits from promotion notification include higher promotions from dates juniors promoted; department bound to full implementation post single cadre, without u-turn on eligibility.
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 ....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
Failure to pass mandatory departmental examination renders employee ineligible for gazetted promotion despite seniority, adhoc service, or pre-retirement DPC; no right to regular/notional promotion o....
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
The denial of promotion based on uncommunicated adverse remarks in confidential reports is arbitrary and violates principles of natural justice.
Continuing wrong in promotion denial causing recurring seniority/financial loss overrides delay/laches; backdated promotion for seniority granted without arrears, extending parity to eligible overloo....
Petitioner entitled to retrospective benefits from promotion date due to having performed duties in the post, despite retirement status; denial of benefits ruled arbitrary.
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
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