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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Poonam Rani – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Namit Kumar, J. (Oral)
The present petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the respondents to promote the petitioner to the post of Accountant, which is lying vacant since 2015, retrospectively from the date when she became eligible.
2. The brief facts as have been pleaded in the petition are that the petitioner was initially appointed as Auction Recorder on 20.09.1983 and was further promoted to the post of Mandi Supervisor-cum-Fees Collector vide order dated 02.05.2013 and the next channel of promotion is to the post of Accountant and the said post became vacant in the year 2015 and the petitioner was given the current duty charge of the vacant post of Accountant on 21.03.2016. The post of Accountant is filled 100% by promotion from amongst the Mandi Supervisors-cum-Fees Collectors, who have an experience of three years and have qualified the departmental examination. The petitioner passed the departmental examination on 06.06.2016 and became eligible for promotion and submitted a representation dated 04.11.2019, claiming promotion to the post of Accountant, however, she was not given
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.
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
Merit-based promotions take effect from the date of the promotion order, not the date of vacancy, as retrospective promotions are not justified.
The right to be considered for promotion is protected under Article 16 of the Constitution of India, and the filling up of the promotional post is within the domain of the employer.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
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.
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