Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 922

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR, J.
Gurdev Singh – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP NO.9459 of 2024
Decided On : 14-05-2024

Advocates Appeared:
Mr. Ish Puneet Singh, Advocate; For the Petitioner
Mr. Rajesh Sehgal, Addl. A.G., Punjab.

Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.

Headnote:(A) Constitution of India - Articles 226 and 227 - Writ petition for quashing promotion order - Petitioner sought ante dated promotion to Mandi Supervisor-cum-Fee Collector from 25.01.2014, which was rejected - Court held that mere vacancy does not confer right to retrospective promotion - Delay and laches in claiming promotion were significant factors. (Paras 1, 10, 23)

(B) Promotion - Eligibility and timing - Court emphasized that promotion cannot be claimed from the date of vacancy or eligibility if not timely pursued - The principle of delay and laches applies to government employees. (Paras 12, 24)

Facts of the case:
The petitioner, a scheduled caste candidate, claimed ante dated promotion to Mandi Supervisor-cum-Fee Collector from 25.01.2014, arguing that he was eligible and that a general category candidate was wrongly promoted against a reserved post. He was promoted on 29.02.2016 after a significant delay.

Findings of Court:
The court found no merit in the petition due to the significant delay in raising the claim and the lack of eligibility at the time of the earlier promotion.

Issues: The main issues were the legality of the promotion of a general category candidate against a reserved post and the petitioner’s claim for retrospective promotion.

Ratio Decidendi: The court ruled that mere vacancy does not create a right to promotion and emphasized the importance of timely claims in promotion matters.

Result: Petition dismissed.

JUDGMENT

Mr. Namit Kumar, J. (Oral)

The petitioner has approached this Court by way of filing instant petition under Articles 226/227 of the Constitution of India seeking writ in the nature of Certiorari for quashing of the order dated 14.03.2024 (Annexure P-9) passed by Respondent No.3, whereby his claim for ante dated promotion to the post of Mandi Supervisor-cum- Fee Collector w.e.f. 25.01.2014, has been rejected and further a writ of mandamus has been sought directing the respondents to consider him for promotion to the post of Mandi Supervisor-cum- Fee Collector w.e.f. 25.01.2014, against a reserved category post, as per Roster Points and grant him further promotion to the post of Accountant by counting his experience as Mandi Supervisor-cum- Fee Collector w.e.f. 25.01.2014 and quash the resolution dated 28.05.2012 (Annexure P-3) whereby Respondent No.6 - Kulwant Singh was promoted against reserved category post.

2. The brief facts, as have been pleaded in the writ petition, are that the petitioner was appointed as Clerk in the Market Committee Lohian Khas, District Jalandhar, vide appointment letter dated 17.01.2008 (Annexure P-1) and joined, as such, on 22.01.2008. He was further promoted to the post of Auction Recorder vide order dated 24.01.2011 (Annexure P-2). Further promotion from the post of Auction Recorder is to the post of Mandi Supervisor-cum- Fee Collector and roster points no.1, 6, 11 and 16 of the reservation policy are reserved for scheduled caste category, to which the petitioner belongs. It has further been pleaded that in the Departmental Promotion Committee held on 07.03.2006, the 06th post of Mandi Supervisor-cum- Fee Collector was left vacant to be filled by a person belonging to reserved category. It has further been averred that vide resolution dated 28.05.2012, the Market Committee, Lohian, filled one post reserved for scheduled caste category by promoting the general category candidate namely Kulwant Singh to the post of Mandi Supervisor-cum- Fee Collector with the condition that in future in order to complete the backlog of scheduled caste category posts, Gurdev Singh (petitioner) - Auction Recorder, who belongs to scheduled caste category and who would complete the experience on 25.01.2014, shall be promoted to the post of Mandi Supervisor-cum- Fee Collector on its falling vacant.

3. It is further case of the petitioner that two posts of Mandi Supervisor- cum- Fee Collector became vacant on 31.03.2014 and 31.10.2015 on the retirement of Sh. Balwinder Singh and Hans Raj, respectively, however, the petitioner was promoted to the post of Mandi Supervisor-cum- Fee Collector, vide resolution dated 29.02.2016 (Annexure P-4).

4. It has further been pleaded that Kulwant Singh (Respondent No.6), who belongs to general category, was wrongly promoted against reserved category vacancy, vide resolution dated 28.05.2012. It has further been stated that since the petitioner became eligible to be promoted on the post of Mandi Supervisor-cum- Fee Collector on 25.01.2014, therefore, he should have been promoted on the said date whereas he has been promoted to the post of Mandi Supervisor-cum- Fee Collector on 29.02.2016, and for claiming the said date of promotion i.e. 25.01.2014 alongwith consequential benefits, he has given various representations but to no avail. Thereafter, the petitioner served a legal notice dated 18.10.2022 (Annexure P-6) to which a reply dated 10.11.2022 was received from Respondent No.5, whereby the claim of the petitioner was neither accepted nor rejected and only factual averments were given in the said reply and aggrieved thereof, the petitioner filed CWP No.27266 of 2022, seeking promotion to the post of Mandi Supervisor-cum- Fee Collector w.e.f. 28.05.2012, against a reserved category, which was disposed of vide order dated 26.02.2024, on the statement made by learned counsel for Respondent Nos.2 and 3 therein that the claim of the petitioner would be considered and a speaking order