Employee cannot seek promotion from the day vacancy arises: HC
Saurabh Malik
Tribune News Service
Chandigarh, March 6
Putting to rest the controversy over entitlement of workers to seek elevation to a higher post after it falls vacant, the Punjab and Haryana High Court has ruled that the employee has no right to claim promotion from a particular date. He cannot even seek direction to fill up the vacancy in the promotional post.
In a significant judgment, a Division Bench also held: “We find that a person is not entitled to seek promotion from the day vacancies arise. It is for the employer to initiate the process of promotion and to fill up the posts, keeping in view its requirements”.
The Bench of Justice Hemant Gupta and Justice Fateh Deep Singh added: “However, if the decision of the employer is to fill up the promotional post is actuated by the considerations other than administrative, such action or inaction can be subjected to the judicial review, but there cannot be any direction to grant promotion from the date the vacancy arises”.
The Bench further clarified: “In case an officer is given current duty charge or promoted on ad hoc basis, he shall be entitled to the pay of the promoted post”. The ruling came on a petition filed by the Chandigarh administration and other petitioners against Tarlochan Singh and other respondents.
The administration had challenged in the writ petition an order passed by the Central Administration Tribunal’s Chandigarh Bench on March 15, 2012. It had held that Tarlochan Singh and other respondents were entitled to regular promotion with effect from the date the vacancies became available.
They were promoted as Executive Engineers (Public Health) in February 2010. But, they were claiming promotion from the day the vacancies became available between June 2005 and June 2006. The administration moved the High Court after their application was allowed by the Tribunal.
Taking up the matter, the Bench added: “In view of the consistent well established principles of law as enunciated in judgments, we find that the direction of the Tribunal holding that the applicants are entitled to be promoted from the day the vacancy arose is clearly not sustainable in law. Consequently the present writ petition is allowed and the impugned order dated March 15, 2012, passed by the Tribunal is set aside”.
Saurabh Malik
Tribune News Service
Chandigarh, March 6
Putting to rest the controversy over entitlement of workers to seek elevation to a higher post after it falls vacant, the Punjab and Haryana High Court has ruled that the employee has no right to claim promotion from a particular date. He cannot even seek direction to fill up the vacancy in the promotional post.
In a significant judgment, a Division Bench also held: “We find that a person is not entitled to seek promotion from the day vacancies arise. It is for the employer to initiate the process of promotion and to fill up the posts, keeping in view its requirements”.
The Bench of Justice Hemant Gupta and Justice Fateh Deep Singh added: “However, if the decision of the employer is to fill up the promotional post is actuated by the considerations other than administrative, such action or inaction can be subjected to the judicial review, but there cannot be any direction to grant promotion from the date the vacancy arises”.
The Bench further clarified: “In case an officer is given current duty charge or promoted on ad hoc basis, he shall be entitled to the pay of the promoted post”. The ruling came on a petition filed by the Chandigarh administration and other petitioners against Tarlochan Singh and other respondents.
The administration had challenged in the writ petition an order passed by the Central Administration Tribunal’s Chandigarh Bench on March 15, 2012. It had held that Tarlochan Singh and other respondents were entitled to regular promotion with effect from the date the vacancies became available.
They were promoted as Executive Engineers (Public Health) in February 2010. But, they were claiming promotion from the day the vacancies became available between June 2005 and June 2006. The administration moved the High Court after their application was allowed by the Tribunal.
Taking up the matter, the Bench added: “In view of the consistent well established principles of law as enunciated in judgments, we find that the direction of the Tribunal holding that the applicants are entitled to be promoted from the day the vacancy arose is clearly not sustainable in law. Consequently the present writ petition is allowed and the impugned order dated March 15, 2012, passed by the Tribunal is set aside”.
No comments:
Post a Comment