Back
RAJBIR SEHRAWAT
Rajeev Chandra – Appellant
Versus
Border Roads Organization – Respondent
JUDGMENT
Raibir Sehrawat, J. (Oral) - This is a petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus, directing the respondents to restore the lost seniority of the petitioner on account of delayed promotion from Assistant Executive Engineer (Civil) to Executive Engineer (Civil) along with consequential benefits and interest @ 12% per annum. Order dated 27.3.2017 (Annexure P-9) is also challenged in this petition.
2. It is submitted by counsel for the petitioner that the petitioner was working on the post of Assistant Executive Engineer (Civil) with the respondent organization. Under the rules, the next promotion from the post of Assistant Executive Engineer (Civil) is to the post of Executive Engineer (Civil). Since the petitioner was having all other favourable records, therefore, he was required to be considered for the vacancy of the year 2010-11. Although, the petitioner was, considered for the vacancy of the year 2010-11onl7.6.2011 but was not promoted only on the ground that on 23.7.2009 he had been awarded a punishment of 'censure'. Through these proceedings of the Departmental Promotion Committee (for short the 'DPC'), the pers
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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....
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.
The claim for restoration of seniority is barred by delay and laches, as the promotions of junior candidates were not timely challenged, affirming the necessity of prompt legal action in service matt....
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
