Promotional rights in employment are subject to employer discretion and cannot be claimed retroactively without clear evidence of wrongful delay or bad faith.

JUDGMENT :

JAGMOHAN BANSAL, J. 

1. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dated 10.09.2024 whereby their claim for promotion as Deputy Superintendent of Police (DSP) w.e.f. June’ 2019 has been declined.

2. The petitioners joined Haryana Police Force as Inspectors in 2008. The respondent issued communication dated 27.05.2019 calling record of 39 Senior Most Inspectors to fill up 18 posts of DSP through promotion. The petitioners No.1 and 2 were at Serial No.21 and 18 respectively. The State Vigilance in June’ 2019 confirmed that no vigilance inquiry is pending against them. DGP sent letter confirming petitioners’ eligibility for promotion. Meeting of Departmental Promotion Committee (DPC) took place in September, 2019, however, due to interim order passed by a Division Bench of this Court in CWP No.13496 of 2009, the process was cancelled. The said petition was finally dismissed vide order dated 27.07.2020. The petitioners submitted representation dated 22.11.2019 clarifying their entitlement to promotion and seniority over directly recruited DSPs. The respondent issued memos dated 04.12.2019 and 26.12.2019 proposing out of turn promotions from Inspector to DSP which prompted petitioners to file representations. The Additional Chief Secretary, Home Department vide letter dated 17.12.2019 asked DSP to furnish name of 18 directly recruited Inspectors of 2008 Batch for promotion. DGP vide letter dated 18.12.2019 sent a list of Inspectors which included name of petitioners. The respondent issued letter dated 16.01.2020 clarifying that pendency of writ petitions i.e. CWP No.6220 of 2008 and CWP No.13496 of 2009 would not affect seniority for promotion of directly recruited Inspectors. DPC met on 27.06.2020 and considered 41 Posts for promotion. 35 Inspectors were found eligible which included petitioners. A communication took place between Office of Chief Minister and DGP with respect to eligibility of 03 candidates. The petitioners were finally promoted by order dated 05.08.2020, however, from prospective effect. They preferred representation dated 20.07.2021 seeking ante dated promotion. They preferred CWP No.24189 of 2023 seeking ante dated promotion. The said petition was withdrawn with liberty to file afresh with better particulars. They preferred CWP No.4053 of 2024 which was disposed of with a direction to respondent to decide their representation within 08 weeks. The respondent did not act upon, thus, they preferred COCP No.2516 of 2024 which was disposed of because during the pendency of contempt petition, respondents passed impugned speaking order dated 10.09.2024.

3. Mr. Arjun Sheoran, Advocate submits hat respondent intentionally delayed promotion of petitioners. On account of delay many others also came to be promoted with them. This would affect their future prospects i.e. consideration for IPS.

4. On being asked, Mr. Arjun Sheoran, Advocate confirmed that no junior has been promoted prior to petitioners. The writ petition No.13496 of 2009 was pending before this Court which was cause of deferment of DPC.

5. I have heard learned counsel for the parties and perused the record with their able assistance.

6. The respondent has passed a detailed and speaking order wherein law laid down by Hon’ble Supreme Court has been appreciated.

The relevant extracts of impugned order dated 10.09.2024 read as:

“4. So far as the averments of the petitioners that the proposal for out of turn promotions was issued in order to grant benefits to certain Inspectors, it is observed that the State Government took a policy decisi