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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Kailash Chand – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. litigation delayed implementation of 2011 dpc recommendations (Para 1 , 4 , 5) |
| 2. petitioners demand promotion w.e.f. 2010 per dpc (Para 2) |
| 3. dpc recommendations advisory, not automatically binding (Para 3) |
JUDGMENT :
Jyotsna Rewal Dua, Judge
The Departmental Promotion Committee (DPC) in its meeting convened on 04.04.2011 considered the petitioners for promotion to the posts of Himachal Pradesh Administrative Service (HPAS) against vacancies of the year 2010 and accordingly made its recommendations. The recommendations could not be accepted and acted upon owing to litigations and orders passed therein. Respondent-State however, promoted the petitioners as HPAS on ad hoc basis on 09.11.2011. After finalization of litigation, review DPC was convened on 14.11.2019. The review DPC’s recommendations qua the petitioners remained the same. The recommendations were accepted by the Competent Authority and petitioners’ regular promotion order was issued on 02.12.2019. They were ordered to be treated as promoted notionally w.e.f. 09.11.2011 to 01.12.2019 and on actual basis w.e.f. 02.12.2019.
The Petitioners seeks direction to the respondents to order their regular promotion w.e
Promotion effective from date granted, not vacancy date; DPC recommendations advisory, no right to retrospective effect despite litigation delays; ad hoc promotions regularized notionally from ad hoc....
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....
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 granted after considerable time cannot be revoked without evidence of procedural irregularity, maintaining settled service positions reinforces legal principles of justice and fairness.
Promotion eligibility requires fulfillment of specific conditions at retirement; mere vacancy does not confer entitlement to retrospective promotion.
Promotions under administrative service regulations must adhere to timelines and fulfill obligations to convene promotion committees as mandated.
Delayed DPC cannot deprive retired employee of notional promotion if found 'FIT' for earlier vacancies per DoPT guidelines.
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....
No fundamental right to retrospective promotion; employees have only right to be considered. Departmental delay in holding DPC does not entitle eligible candidates to antedated promotions via review ....
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