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ARINDAM LODH
Siddheswar Chowdhury – Appellant
Versus
Gomati Co-operative Milk Producers Union Ltd. & Anr – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for promotion due to discrimination. (Para 1 , 2) |
| 2. state's defense against petitioner's promotion claim. (Para 3) |
| 3. court's directive for petitioner's representation to the authority. (Para 4 , 5) |
| 4. conclusion and disposal of the writ petition. (Para 6 , 7) |
JUDGMENT
Arindam Lodh, J. - None appears for the petitioner. Heard Mr. S. Saha, learned counsel appearing for the respondent-State.
1. By means of filing the present writ petition, the petitioner has prayed for the following reliefs:
'a. admit this petition;
b. call for the records;
c. issue writ in the nature of Mandamus calling upon the respondents to show cause as to why the petitioner should not be appointed to the post of Plant Operator effecting from 01.09.2011 being the date of effect of promotion of Sri Dilip Sarkar to the post of Boiler Operator with all consequential service benefits;
d. pass any other relief(s) which Your Lordship may deem fit and proper in this case.'
2. From the petition, it appears that the petitioner had joined the service of Gomati Co-operative Milk Producers Union Limited as Dairyman in the year 1990. In the year 1995, he was recommended for appointment to the post
The court emphasized that equitable treatment in promotions must adhere to established Recruitment Rules and allowed the petitioner to address grievances through representation.
Belated claims for service benefits not entertained if they unsettle settled positions in service law; petitioners must demonstrate similarity of standing to succeed.
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.
Claims for promotion must be made within a reasonable time; mere vacancy does not confer a right to retrospective promotion.
The court established that claims for preferential treatment in employment must be substantiated with evidence of entitlement and that the absence of an employer-employee relationship precludes the i....
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