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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Pardeep Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. diploma from recognized iase (pre-2008) qualifies for je promotion quota (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. retrospective promotion claim versus administrative delay defense (Para 7 , 8) |
| 3. eligibility confirmed; unjust delay despite 2013 vacancies (Para 9 , 10 , 11) |
| 4. review dpc mandatory per clause 16.29 for past vacancies (Para 12 , 13 , 14) |
| 5. timely dpc required under handbook to prevent deprivation (Para 15 , 16) |
| 6. admin negligence cannot defeat promotion rights (sc precedent) (Para 17) |
| 7. retrospective promotion warranted absent mala fides or bar (Para 18 , 19 , 20 , 21) |
| 8. notional promotion from 2013 via review dpc (Para 22) |
JUDGMENT :
Sandeep Sharma, J.
Precisely, the question, which needs to be determined in the case at hand is that “Whether promotion from the due date, or from the date on which the promotional post became available, can be denied merely on the ground that meeting of Departmental Promotion Committee could not be convened for want of certain clarifications?”
2. Explicitly, relevant facts, as emerge from the pleadings, adduced on record by the respective parties are that petitioner, after his having completed Matriculation in the year 1984, passed D
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....
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....
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.
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.
Promotion rules proviso deems seniors eligible with minimum three years regular service, placed above junior eligible via combined ad hoc and regular service, barring department from delaying DPC unt....
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....
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.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
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