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NAMIT KUMAR
Baljit Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Namit Kumar, J. (Oral)
The instant petition has been filed by the petitioner under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus, directing the State of Punjab - respondent No.1, to promote the petitioner as Trust Engineer w.e.f. 02.01.2017 i.e. when his juniors were promoted and the petitioner was ignored on account of pending charge-sheet, which has been dropped vide order dated 03.01.2019/09.01.2019 (Annexure P-4), with all consequential benefits.
2. The brief facts of the case as have been pleaded in the present petition are that the petitioner was appointed as Junior Engineer vide order dated 23.10.2000 and he was promoted to the post of Assistant Trust Engineer vide order dated 16.11.2011 (Annexure P-1). In the seniority list of Assistant Trust Engineer, circulated on 28.12.2016, the name of the petitioner was placed at Serial No.15. The next promotion from the post of Assistant Trust Engineer is to the post of Trust Engineer, which is governed by the Service Rules i.e. "Punjab Trust Service (Recruitment and Conditions of Service) Rules, 2015, which have been further amended vide amendment dated 11.01.2016. Vide order dat
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
Promotions may be granted retrospectively with salary when administrative delays occur due to no fault of the employee, avoiding disparate treatment based on administrative negligence.
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.
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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.
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.
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
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