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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Prakash Chand – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioners seek promotion under old rules; ineligible under new due to qualifications. (Para 1 , 2 , 3 , 4) |
| 2. no vested right in old rules; promotion by rules at consideration date. (Para 5) |
| 3. court cannot mandate relaxation proposal; direct lawful examination. (Para 6 , 7 , 8) |
| 4. dismiss petition; uphold rejection and new rules application. (Para 9) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioners, Prakash Chand and Vijay Kumar, have come up before this Court, seeking the following reliefs:-
“7(A) That this Original Application may kindly be allowed and the respondent department may kindly be directed to promote the applicants to the post of lab Technician with effect from 2010 as per old R & P Rules, with all consequential benefits along with seniority and other benefits, in the interest of law and justice.
7(B) That rejection order dated 15-06-2016 Annexure A-4 may very kindly be quashed and set aside.”
FACTUAL MATRIX:
2. In nutshell, the grievance of the petitioners is that they are seeking promotion of Laboratory Technician on the basis of Recruitment and Promotion Rules from 2010. Pertinently, the State Authorities have issued The Himachal Pradesh, Department of Ayurve
No vested right to promotion under old recruitment rules when new rules apply; consideration governed by rules in force on promotion date, absent mandate for pre-amendment vacancies.
Recruitment - plea raised by the petitioners is fallacious - As mere acquiring of qualification at a relevant point of time cannot give rise to an expectation, much less, legitimate expectation of ap....
The court ruled that the state was not legally obligated to create promotional avenues for Laboratory Technicians under the existing service rules.
The right to be considered for promotion is determined by the rules in force at the time of consideration, not by prior rules, as established by Supreme Court precedent.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
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