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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Vikash Kaushik – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. promotion denied based on procedural delays and litigation. (Para 1 , 2) |
| 2. petitioners claimed intentional delays affecting career advancement. (Para 3 , 4) |
| 3. court discussed promotion rights and employer discretion. (Para 5 , 6 , 7) |
| 4. final ruling dismissing petition based on legal principles governing promotions. (Para 8) |
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
Promotional rights in employment are subject to employer discretion and cannot be claimed retroactively without clear evidence of wrongful delay or bad faith.
The right to be considered for promotion is fundamental, but there is no absolute right to promotion itself; promotions are effective only upon assuming duties.
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 court emphasized that delays in pursuing promotion claims under Article 226 undermine the validity of such petitions, reinforcing discretion in granting relief based on timeliness.
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.
A mere inclusion in a promotion panel does not create a vested right to promotion; candidates are entitled only to consideration for promotion within valid administrative discretion.
Government servants are entitled to promotion based on seniority and vacancy availability; there is no automatic right to promotion without these conditions being met.
A Deputy Superintendent of Police must pass the Accounts examination as per Rule 648(b) of the Bihar Police Manual to be confirmed in the post and eligible for further promotion.
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