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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Ramesh Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Sandeep Moudgil, J.
(1). The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India, inter alia, for issuing a writ of certiorari for quashing the order dated 14.12.2017 (Annexure P16) whereby the claim of the petitioners has been rejected. A direction has been sought to the respondents to prepare inter se seniority of Junior Scale Stenographer, Assistant Librarian, Steno typist, Clerk-cum-Store Keeper, Accounts Clerk-cum-Junior Auditor (in clerk grade) as per Service Rules of 1997 and promote the petitioners to the post of Assistant w.e.f. the date when their junior, namely, Rekha (since deceased) was promoted to the post of Assistant vide order dated 23.09.1998 (Annexure P6) along with all consequential benefits with interest @ 18% p.a.
(2). Learned counsel for the petitioner submits that the entire process of promotion undertaken by the respondents is vitiated by arbitrariness and non-compliance with the statutory provisions governing service matters since the promotion of Ms. Rekha (since deceased) to the post of Assistant on 23.09.1998, without first drawing up an inter-se seniority list as mandated by Rule 5 (2) of the Punjab Civil
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
The court emphasized the importance of adhering to recruitment rules and cautioned against flouting them, stating that deliberate deviation from the rules could lead to wrongful benefits and departme....
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The right to promotion and seniority under the Special Rules must be upheld, ensuring eligible candidates are prioritized over direct recruits.
Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of c....
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