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AJIT KUMAR
Gaya Prasad Pandey – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Samir Sharma, learned counsel for the petitioner, Sri Avijit Saxena, learned Advocate holding brief of Sri A.K.Saxena, learned counsel for the respondent.
2. By means of present writ petition filed under Article 226 of the Constitution, petitioner has challenged the order dated 16th July, 2019 whereby his representation regarding claim for promotion from class IV post to class III post of book clerk has come to be disposed of rejecting his claim.
3. Assailing the above order impugned in the present petition, learned Senior Advocate has argued that on the date of the meeting of the Departmental Promotion Committee which was 24th November, 2017, there was no adverse entry in the character roll of the present petitioner and so he was eligible to be considered for promotion.
4. In support of his above argument, learned Senior Advocate submits that prior to year 2016-17 whatever adverse entries were awarded to the petitioner that had stood expunged vide orders dated 12th January 2016 and 26th December, 2016 respectively, and in so far as adverse entry of the year 2016-17 is concerned, he had already represented against the same before the competent authority on 17.05
Adverse reports if are expunged or if not as per the rules, and the time has run out for affirming or rejecting the same by the authority as in the present case, the same shall not be a reason to den....
The importance of communicating adverse entries in the Annual Confidential Report (ACR) to the employee and the impact of such entries on promotion.
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.
(1) Promotion – Promotion is effective from the date it is granted and not from the date when vacancy occurs on subject post or when the post itself is created – There is no fundamental right to prom....
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 right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
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