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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURINDER KUMAR AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The petitioners have filed the instant petition under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus directing the respondents to grant the benefit of notional promotion to the post of Senior Assistant to the petitioners w.e.f. the date the vacancy in the cadre of Senior Assistant was available.
2. Learned counsel for the petitioners submits that the petitioners were appointed in the respondent-department as Peons on different dates. During their service tenure, they were promoted to the post of Clerk and thereafter, to the post of Junior Assistant from time to time as per their eligibility. The service particulars of the petitioners are as under :-
| Sr. No. | Seniority No. | Name | Date of Appointment as Peon | Date of promotion as Clerk | Date of Retirement and Post |
|---|---|---|---|---|---|
| 1 | 480 | Surinder Kumar | 19.05.1995 | 28.01.2009 | 31.01.2025 Junior Assistant |
| 2 | 459 | Kashmir Singh | 13.08.1986 | 07.01.2009 | 31.01.2023 Junior Assistant |
| 3 | 485 | Ravinder Kumar | 19.10.1991 | 05.02.2009 | 31.01.2023 Junior Assistant |
| 4. | 489 | Naranjan Singh | 29.05.1997 | 07.01.2009 | 31.01.2023 |
He further submits that in the year 2021, 77 posts of Senior Assistant were sanctioned in the Regional Office, out o
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
The main legal point established in the judgment is that the right to be considered for promotion is a fundamental right, and seniority cannot be granted retrospectively when an employee was not born....
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