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PANKAJ PUROHIT
Jagdish Chandra Lohani – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Pankaj Purohit, J.
This writ petition has been filed by the petitioner challenging the order dated 28.06.2017, passed by respondent no.2, annexure-15 to the writ petition, whereby the notional promotion has been denied to the petitioner.
2. Heard learned counsel for the parties.
3. It is the case of the petitioner that petitioner was working with the Directorate of ICDS, Uttarakhand on the post of Administrative Officer. Petitioner was initially appointed as Clerk with the respondent in the year 1985. Thereafter, he was promoted as Senior Assistant and subsequent promotion was also given to the petitioner on the post of Chief Assistant and finally, he was promoted on the post of Administrative Officer.
4. According to the petitioner after Administrative Officer, petitioner was entitled to be promoted on the post of Senior Administrative Officer and thereafter, Chief Administrative Officer and the procedure for said promotional exercise have already been initiated by the respondent-department. But, before the petitioner could reap the benefit of promotional exercise and would have been promoted on the post of Senior Administrative Officer and Chief Administrative Officer, he g
A retired employee is not entitled to notional promotion if no formal recommendation for promotion was made prior to retirement.
Retired employees are entitled to consideration for notional promotion and consequential benefits as per relevant regulations and judicial precedents.
The discretion of the employer in filling vacancies, the right to be considered for promotion, and the privilege of notional promotion.
Consideration for promotion is a fundamental right of an employee, and promotions cannot be claimed as an absolute right.
Notional promotion granted without financial benefits confirmed due to procedural delays affecting eligibility.
Notional promotion claims require a junior's promotion to be ignored; seniority and timing of validation examinations are critical in determining eligibility.
The right to notional promotion and subsequent benefits is not established solely based on the timing of a selection committee meeting before an employee's retirement. Fair consideration for promotio....
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