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JAISHREE THAKUR
Indra Sharma – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner challenges promotion denial (Para 1) |
| 2. arguments on promotion and eligibility (Para 2 , 3 , 4) |
| 3. court's concerns about non-speaking order (Para 6) |
| 4. order remanding case for fresh consideration (Para 7) |
| 5. writ petition allowed; order to be re-evaluated (Para 8 , 9) |
JUDGMENT
Ms. Jaishree Thakur, J. (Oral)
The petitioner herein has approached this Court by way of the instant petition under Articles 226/227 of the Constitution of India, seeking to challenge the order dated 26.07.2019 (Annexure P-9) passed by respondent No.3, whereby her claim for being promoted from the post of Clerk to an Assistant, has been declined.
2. Learned counsel for the petitioner would contend that the petitioner joined on the post of Clerk with respondent No.2-HARTRON on 15.05.1985 and subsequently was promoted as a Senior Clerk in the year 1991. He would urge that at that relevant time, no post of Senior Clerk was in existence and the channel of promotion in the year 1991 would be from the post of Clerk directly to that of an Assistant. Learned counsel would submit that it is only subsequently that she came to know that there was no post of a Senior Clerk in the service rules a
The tribunal erred in determining seniority by not considering the promotion dates of the petitioner and respondent, leading to an incorrect placement in the seniority list.
Seniority cannot be claimed retrospectively without formal promotion and adherence to recruitment rules, as affirmed by the court.
Delayed claims in service matters can unsettle settled positions, making them unmaintainable without necessary parties involved.
Delay in challenging seniority list should not be condoned as it seeks to disturb the vested rights of other individuals.
A writ petition becomes infructuous when the relief sought has already been granted, making further adjudication unnecessary.
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