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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Ramesh Kumar – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked for promotion review. (Para 1) |
| 2. argument against promotion's legality based on rules. (Para 2 , 3 , 4) |
| 3. defense of promotion based on different rules. (Para 5 , 6) |
| 4. legal framework on eligibility and seniority for promotions. (Para 8 , 9 , 10 , 21) |
| 5. importance of preparing seniority lists for fair promotions. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 6. writ petition allowed; respondents required to rectify the promotion process. (Para 22 , 23) |
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 or
The court established that promotions must adhere to seniority rules based on continuous service, invalidating promotions conducted without a proper inter-se seniority list.
Unchallenged seniority list attains finality; candidate from feeder post without explicit exclusion eligible for promotion per common rules; belated challenge to DPC recommendation unsustainable post....
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 court held that promotions must comply with the established All India seniority instead of regional seniority, ruling unjust promotions based on outdated practices must be corrected.
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.
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