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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Pradip Prasad S/o Late Gajanan – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. writ seeks promotion mandamus and notification quashing. (Para 1 , 2) |
| 2. service history; quashed punishment; juniors promoted earlier. (Para 3 , 4 , 12) |
| 3. state fault negates no-work-no-pay for benefits. (Para 5 , 6 , 7 , 10) |
| 4. no promotion right; rules 58/74 and acr bar benefits. (Para 8 , 9) |
| 5. right to promotion accrues when juniors promoted. (Para 11 , 13 , 19) |
| 6. quashed punishment has retrospective effect ab initio. (Para 14 , 15 , 16) |
| 7. incomplete acr not employee's fault; communicate defects. (Para 17 , 18) |
| 8. rules inapplicable if state causes promotion delay. (Para 20 , 21 , 22) |
| 9. retrospective promotions, benefits, and arrears directed. (Para 23 , 24) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The petitioner has, inter alia, prayed for issuance of a writ of mandamus commanding the Respondent-State of Jharkhand to grant promotion to the petitioner to the post of Deputy Secretary with effect from 24.6.2013 and further to the post of Joint Secretary with effect from 27.7.2018. The petitioner has also prayed for the grant of all consequential benefits.
In addition to the above, the petitioner prays that the notification dated 3.10.20
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
Promotion benefits must be provided retrospectively if employees are faultless for the delay; state errors cannot obstruct rightful claims.
Promotion cannot be denied solely based on the number of past punishments without considering their nature and timing, ensuring equal treatment under Article 14.
Promotional benefits must be granted from the actual date of promotion, not from the date of notification, ensuring equal treatment for similarly situated employees.
Post exoneration in disciplinary/criminal proceedings, employee entitled to retrospective promotion with actual monetary benefits from due date, not notional, absent recorded reasons for denial; 'no ....
Promotion decisions must adhere to principles of natural justice, including adequate communication of requirements; discriminatory practices violate constitutional rights.
The main legal point established in the judgment is that the right to be considered for promotion is a fundamental right, and seniority cannot be granted retrospectively when an employee was not born....
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