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DEEPAK ROSHAN
Ajay Shankar Ram, Son of Late Kameshwar Baitha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsels for the parties.
2. The instant writ application has been initially preferred by the writ petitioner, praying, inter-alia, for a direction upon the respondent authorities to consider the petitioner for promotion from the post of Junior Engineer to the post of Assistant Engineer. During the pendency of the writ petition, the petitioner was granted promotion to the post of Assistant Engineer, vide departmental notification dated 30.12.2023, the effect of which was given from the date of joining. Being aggrieved, the petitioner preferred one Interlocutory Application, being I.A. No.2818 of 2024, praying for an amendment in the prayer and pleading of the writ petition and prayer No.1(a) was sought to be added. The interlocutory application was allowed, vide order dated 29.04.2024. Thereafter, the petitioner has filed amended writ petition. The prayer allowed to be added, vide amendment application (interlocutory application), was to quash the decision of the DPC and further, to give retrospective effect to the promotion, notified by the department on 30.12.2023, from the post of Junior Engineer to the post of Assistant Engineer.
3. The brief facts of the
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
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 decisions must adhere to principles of natural justice, including adequate communication of requirements; discriminatory practices violate constitutional rights.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Promotion to higher posts requires a selection process; mere existence of vacancies does not confer a right to promotion.
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....
The right to be considered for promotion is fundamental, but does not guarantee automatic promotion upon vacancy; effective grants govern promotion rights.
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