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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Om Prakash – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner eligible for principal promotion; dpc delayed by writ pendency. (Para 1) |
| 2. no right to retrospective promotion post-superannuation per supreme court. (Para 4) |
| 3. petition dismissed; no merit for notional promotion. (Para 5) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner projects that due to pendency of a writ petition, the respondents did not convene the meeting of Departmental Promotion Committee (DPC) for promotion to the post of Principal (College Cadre) during his service tenure. Petitioner, who was a respondent in the said writ petition superannuated in the interregnum. The writ petition was dismissed after his retirement. The respondents thereafter convened the meeting of DPC. The DPC, though considered the name of the petitioner against the vacancy for the year 2019 but did not recommend his promotion he being a retiree. Feeling aggrieved, petitioner has instituted this writ petition mainly praying for conferring upon him notional promotion to the post of Principal (College Cadre) from the year 2019 when the post became available and he was also eligible for promotion.
2. The Case
2(i) Petitioner was appointed as Lecturer (Music) College Cadre on 14.08.1
Retired employee has right to DPC consideration if in zone but no entitlement to notional or retrospective promotion post-superannuation; promotion effective only from actual grant and charge assumpt....
Promotion eligibility requires fulfillment of specific conditions at retirement; mere vacancy does not confer entitlement to retrospective promotion.
Withdrawal of granted notional retrospective promotion without opportunity of hearing violates natural justice, especially where delay in DPC was administrative and employees eligible, entitling rest....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
The right to promotion constitutes a fundamental right under Article 16, and arbitrary actions by regulatory bodies that deny such rights are unlawful.
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