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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Jugendra Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
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 implement the notification dated 07.07.2000, Annexure P-12 in its letter and spirit and petitioner may be granted consequential promotions to the post of Deputy Director, Joint Director, Additional Director and finally Director Agriculture from the date persons junior to the petitioner were allowed such promotions. It may be directed that the promotion orders be issued with all consequential benefits;”
2. As per the pleadings in the writ petition, the petitioner was appointed on 05.09.1966 as Chemist Ghee Grading in the respondent-Department under the Union Territory of Himachal Pradesh. His appointment was made against direct recruitment quota.
3. As per the Recruitment and Promotion Rules prevalent, the essential qualification for the post of Chemist Ghee Grading was B.Sc. (Agriculture) and the petitioner was having the said qualification. F
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.
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.
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....
No vested right to promotion exists if the position was downgraded before approval, despite eligibility.
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