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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASBIR SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. Instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of mandamus for directing the respondents to grant notional promotion to the petitioner to the post of Station Supervisor Grade-I from due date i.e. 19.03.2024 in view of the judgment dated 07.08.2025, passed in CWP-22784 of 2025 – Jaswinder Singh v. State of Punjab and others and further refix the pay and pension of the petitioner and pay the difference of pay along with arrears and interest @ 15% per annum from the due date till its realization.
2. The undisputed facts of the case are that the petitioner initially joined the respondent-department as Ticket Verifier on daily wage basis on 01.04.1987 and his services were terminated on 28.02.1989. The said termination was challenged by him before the Labour Court, Gurdaspur, and he was ordered to be reinstated with continuity of service with 50% backwages vide order dated 09.06.1999. The said award was challenged by the department by filing a writ petition bearing CWP No.9346 of 2001 before this Court and the same was dismissed vide order dated 05.07.2001. The Special Leave Petition p
(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, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
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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