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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Ranjan Sharma – Appellant
Versus
Secretary (PWD) to the Govt. of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. seniority entitles regular promotion from juniors' date. (Para 1 , 2 , 4) |
| 2. ineligibility due to exam failure bars promotion. (Para 3) |
| 3. petition dismissed upholding legal non-promotion. (Para 5 , 11 , 12) |
| 4. adhoc service, dpc confer no regular promotion right. (Para 6 , 9) |
| 5. eligibility and charge assumption required for promotion. (Para 7 , 10) |
| 6. non-impleadment of juniors fatal to promotion claim. (Para 8) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioners, Roop Lal, initially filed CWP No.1031 of 2013, before this Court and upon establishment of Learned State Administrative Tribunal and upon abolition has now been re-transferred to this Court, as CWPOA No.945 of 2019 seeking the following reliefs:-
“12(i) That the respondents be directed to consider and promote the petitioner as Planning Assistant on regular basis w.e.f 13.04.2011 from which date the person junior to him was promoted on regular basis;
12(ii) That the directions may kindly be issued to the respondents to re-fix the pay of the petitioner as Planning Assistant and allow the petitioner to exercise his option as per FR (22) 1 (a) (i) from the due date with all consequential benefits”.
FACTUAL MATRIX:
2. Grieva
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....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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.
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
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....
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