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HARSIMRAN SINGH SETHI
Roop Singh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. background of petitioner’s promotion and acp. (Para 1 , 2 , 3) |
| 2. arguments regarding withdrawal of acp benefits. (Para 4 , 5) |
| 3. court analysis of promotion timeline and acp eligibility. (Para 6 , 7 , 8) |
| 4. legal premise on entitlement to benefits with retrospective promotion. (Para 9) |
| 5. conclusion overturning the withdrawal of acp benefits. (Para 10 , 11) |
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
In the present writ petition, the grievance of the petitioner is that though the petitioner has been granted retrospective promotion in the cadre of Statistical Assistant but the benefit of ACP granted upon retrospective promotion has been withdrawn on the ground that the petitioner has not actually worked on the post of Statistical Assistant.
2. Certain facts needs to be mentioned for the correct appreciation of the issue in hand.
3. The petitioner was appointed as a Clerk on adhoc basis on 22.08.1967. Thereafter, he was appointed on regular basis upon recommendation of the Subordinate Service Selection Board w.e.f. 02.04.1970. The petitioner was further promoted as Junior Auditor on 16.04.1984 and was further promoted as Statistical Assistant on 01.02.2002. While the peti
Point of Law : In case of a notional promotion from retrospective date, it cannot entitle the employee to arrears of salary as the incumbent has not worked in the promotional post.
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
Promotion – An employee who has opted to remain in existing grade, by refusing offer of promotion, forfeits rights to ACP benefits and such employee, on account of refusal, can be considered for regu....
A mere inclusion in a promotion panel does not create a vested right to promotion; candidates are entitled only to consideration for promotion within valid administrative discretion.
ACPS reveals that annual increment shall not be considered as financial upgradation for purpose of benefit, if any, under ACPS.
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
Petitioner entitled to retrospective benefits from promotion date due to having performed duties in the post, despite retirement status; denial of benefits ruled arbitrary.
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