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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Dharam Chand Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks promotion to executive engineer (Para 1 , 2) |
| 2. proviso deems seniors eligible with 3 years if junior qualifies (Para 3 , 4) |
| 3. seniors must complete 8 years before promotion (Para 5) |
| 4. six seniors above petitioner per catch-up rule (Para 6) |
| 5. seniors considered for promotion after 3 years service (Para 7 , 8 , 9) |
| 6. direct dpc completion before petitioner's retirement (Para 11) |
JUDGMENT :
Sandeep Sharma, J.
By way of instant petition, petitioner has prayed for following main reliefs:
“(i) That the Respondent Department may be directed to immediately convene DPC as per the seniority list (Annexure P-2) and order promotion of the petitioner if found eligible.
(ii) That in case during the pendency of the writ petition the DPC for promotion to the post of Executive Engineer is convened by ignoring the petitioner, the same may be held illegal qua the petitioner and directions may be issued to the Department for convening of review DPC.
(iii) That in case the petitioner is retired from service during the pendency of the Writ Petition the Department may be directed to consider the petitioner for promotion to the post of Executive Engineer from due date with all
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....
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 eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
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....
Diploma Junior Engineers acquiring AMIE/degree during service eligible for promotion post-3 years; pre-acquisition service not counted for seniority, as they enter graduate quota impacting original g....
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
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