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HARSIMRAN SINGH SETHI
Sikander Singh Sangwan – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. writ petitions involved similar promotion claims under the 1980 rules. (Para 1 , 2) |
| 2. promotion eligibility and training requirements (Para 3 , 4) |
| 3. consideration of petitioners' claims (Para 5 , 8 , 10) |
| 4. arguments against allocation of training and retrospective promotion (Para 6 , 7 , 9) |
| 5. arguments presented the petitioners' claims for retrospective promotion and department's defenses. (Para 11 , 12) |
| 6. court's observations on the legality of promotions and rules regarding relaxation. (Para 13 , 15 , 16 , 17 , 18) |
| 7. principle of relaxation in employee qualifications (Para 14 , 19) |
| 8. dismissal of writ petitions (Para 20) |
| 9. dispose of pending civil miscellaneous application. (Para 21) |
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
By this common order, above mentioned two writ petitions are being disposed of as both the petitions involve the same question of law and similar facts.
2. For the purpose of present order, relevant facts are being taken from CWP-29549-2022 titled as Sikander Singh Sangwan v. State of Haryana and others.
3. Petitioners in both these petitions were recruited as Fisheries Officer on 27.06.1994. Further promotion from the post of Fisheries
Retrospective promotion cannot be granted unless qualifications are met prior to the eligibility dates, and relaxation of qualification rules is not a matter of right.
The right to be considered for promotion is a fundamental right, and eligible candidates cannot be denied promotion if vacancies are available.
Treat OA as representation for notional promotion consideration per recruitment rules and prior court directions.
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.
Promotion rights are contingent upon fair consideration and eligibility, not an indefeasible right; allegations of discrimination must be substantiated.
The claim for promotion is not a right and the promotions are to be made at the discretion of the employer as and when the employer feels the requirement of the same.
(1) Right to promotion and subsequent benefits and seniority would arise only with respect to rules governing said promotion, and not a different set of rules which might apply to a promoted post fac....
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