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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Vinod Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. erroneous denial of 2015 promotion despite dpc eligibility. (Para 1 , 2 , 3 , 4 , 5) |
| 2. delay and laches contested in retrospective promotion claim. (Para 6 , 7) |
| 3. administrative error admitted; delay explained by late notice. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. continuing wrong overrides delay; parity for similarly situated. (Para 15 , 16 , 17) |
| 5. retrospective promotion for seniority, excluding past arrears. (Para 18) |
JUDGMENT :
SANDEEP SHARMA, J.
1. Petitioner herein is aggrieved by order dated 10.10.2023 (Annexure P-13) passed by Engineer-in-Chief, HPPWD, Shimla, addressed to Superintending Engineer, HPPWD, 4th Circle Shimla, whereby the representation having been filed by him with regard to his promotion to the post of Junior Draughtsman w.e.f. 31.08.2015, came to be rejected on the ground of delay.
2. Though careful perusal of afore order clearly reveals that petitioner herein was entitled to be granted promotion as Draughtsman w.e.f. 31.08.2015, but yet prayer made on behalf of the petitioner through representation, as detailed herein above, came to be rejected on the ground that petitioner never raised any protest, rather he without there being agitation,
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....
Promotion cannot be denied from eligibility and vacancy date merely due to departmental delay in convening DPC for clarifications; review DPC under service handbook Clause 16.29 grants notional benef....
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.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Delay in challenging promotions can bar relief; timely action is crucial in promotion matters.
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.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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....
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
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