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ANITA SUMANTH, G. ARUL MURUGAN
Secretary to Government, Rural Development & Panchayat Raj Department – Appellant
Versus
T. Sreenivasan – Respondent
JUDGMENT :
ANITA SUMANTH, J.
Prayer : Writ Appeal filed under Clause 15 of Letters Patent against order dated 30.06.2021 made in W.P.No.28886 of 2019.
The State is in appeal as against the order of the learned single Judge dated 30.06.2021. We have heard Mrs.Yamuna Devi, learned Special Government Pleader for the appellants and Ms.Dakshayani Reddy, learned Senior Counsel appearing for M/s. C.S.Associates, learned counsel for the respondent.
2. The facts giving rise to the filing of the Writ Petition by the respondent/Writ Petitioner (hereinafter referred to as ‘respondent’/’writ petitioner’/’petitioner’) are as follows:
The petitioner had joined as Typist in the Rural Development and Panchayat Raj Department in 1972. He moved through the ranks and on 21.06.2001, was posted on promotion as Deputy Block Development Officer at the Thiruvallur Collectorate. He was further promoted to the post of Block Development Officer on 08.01.2003 and posted in Villupuram block, transferred to the Poonamallee block on 07.06.2007.
3. The crucial date for drawing of panel for the Rural Development and Panchayat Raj Department is 01.03.2011. There were some delays in the preparation of the seniority list on
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
Eligibility for promotion cannot be denied due to administrative delays; notional promotions can impact pensionary benefits.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
An employee cannot be denied promotion based on delays in service posting that are not their fault; promoting juniors who fulfill eligibility criteria creates inequity.
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 takes effect from the date of being granted and not from the date of occurrence of vacancy or creation of the post.
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
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