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AHANTHEMBIMOL SINGH
Luwangthem Jilla Singh – Appellant
Versus
State of Manipur through the Commissioner of Education (School) – Respondent
| Table of Content |
|---|
| 1. factual background of petitioners' promotion case (Para 1 , 2 , 3) |
| 2. process for dpc and mpsc consultations (Para 4 , 5 , 7) |
| 3. arguments against the dpc's recommendations (Para 6 , 8 , 10 , 12) |
| 4. court's view on dpc actions and principles of promotion (Para 16 , 20) |
| 5. final order regarding the petitioners' promotion (Para 21) |
JUDGMENT :
Ahanthembimol Singh, J.
1. Heard Mr. N. Ibotombi, learned senior counsel assisted by Mr. A. Rommel, learned counsel appearing for the petitioners, Mr. A. Vashum, learned GA appearing for the respondents No. 1 and 2 and Mr. R.S. Reisang, learned senior counsel assisted by Ms. Timmiwon Raihing, learned counsel appearing for the respondents No. 3. None appeared for the private respondents, despite service of notice.
As the grievances and reliefs sought for in the present three writ petitions are inter-related, all the three writ petitions were heard jointly and the same are being disposed of by this common judgment and order.
2. The brief fact of the present cases is that both the petitioners were initially appointed as Lecturer (Geography) and Lecturer (Statistics) on regular basis in the Government Higher Secondary Schools, Education De
The right to promotion constitutes a fundamental right under Article 16, and arbitrary actions by regulatory bodies that deny such rights are unlawful.
Retired employee has right to DPC consideration if in zone but no entitlement to notional or retrospective promotion post-superannuation; promotion effective only from actual grant and charge assumpt....
Promotion eligibility requires fulfillment of specific conditions at retirement; mere vacancy does not confer entitlement to retrospective promotion.
The main legal point established in the judgment is that promotions should be based on the date the DPC considered the vacancy for filling up, rather than the date the vacancy arose. The court also e....
Promotions under administrative service regulations must adhere to timelines and fulfill obligations to convene promotion committees as mandated.
Promotion effective from date granted, not vacancy date; DPC recommendations advisory, no right to retrospective effect despite litigation delays; ad hoc promotions regularized notionally from ad hoc....
The eligibility for promotion and consideration in DPCs is determined by the rules prevalent at the time of consideration, and vacancies are not to be filled invariably by the law existing on the dat....
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