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AJIT KUMAR
Alok Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
Heard Sri Kunal Shah, learned counsel for the petitioner and learned Additional Chief Standing Counsel.
2. Petitioner, who is currently holding the post of Assistant Engineer (Civil) in the Department of Irrigation and Water Resources Uttar Pradesh, Lucknow is aggrieved by the order dated 12.9.2022, impugned herein this petition for denying his claim for promotion as Executive Engineer on the ground that he did not fulfill the eligibility criteria of having minimum period of service to his credit as Assistant Engineer as required under the Uttar Pradesh Government Servants (Group A), Rules, 1990 (hereinafter referred to as ''Rules 1990'').
3. According to the petitioners, the feeding cadre for the post of Executive Engineer (Civil) in the department is the cadre of Assistant Engineer (Civil) and as per the rules criterion for promotion is seniority subject to rejection of unfit. Petitioner's case is that he otherwise stands above the 5th respondent, Mr. Utkarsh Bharadwaj in the seniority list of Assistant Engineer (Civil) by virtue of the order passed in h
Notional service can be included in the calculation of eligibility for promotion, and administrative delays should not penalize an employee's right to promotion.
Promotion in public service must adhere to seniority principles, and arbitrary actions undermining this principle are impermissible.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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 in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
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.
Administrative delays should not adversely affect an employee's promotional prospects, allowing for notional promotions post-retirement under specific rules.
Promotion for eligible employees based on qualifications must be timely and fair, not delayed arbitrarily, upholding the principles of legitimate expectation and constitutional rights.
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