'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
1 month, 2 weeks ago

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. When the Petitioner went to have these tests conducted, he was not allowed to participate since his height was less than 165 cms as was required by the The Petitioner made a representation to the authorities and stated that he was recruited to the post of Constable in CISF in 2013 when his height was calculated to be only 163 cms, which was as per the eligibility criteria of recruitment. The Court relied on the case cited by the Counsel for the Petitioner, wherein it was held, “The facts disclosed above would demonstrate that a person of schedule tribe of Mizo's and Naga's community is given relaxation in physical standards and the Central Industrial Security Force Recruitment Rules, 1999 provide for height of 162.5 cms. Therefore, we do not find any justification or rationale in not extending the same benefit to this tribe at the stage of their promotion to the post of Assistant Commandant.” Citing another decision in Inspector TD Cyril Mimin Zou, the Court stated that it could not be justified as to why the Petitioner could not be granted relaxation of height.

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History of this topic

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates
2 weeks ago

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law …

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates
2 weeks ago

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law …

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court
1 month, 2 weeks ago

'Two Sets Of Rules For Promotion To Same Post, Candidate Cannot Be Denied Promotion In One And Denied Same In Another': Delhi High Court

Live Law  

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition observed that if two sets of rules lead to promotion to a single post, it would not make sense to allow the Petitioner relaxation as per one rule and deny him the same as per another. When the Petitioner went to have …

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court
1 month, 3 weeks ago

[Rajasthan Police Service Rules] Penalty Of Censure Cannot Come In Way Of Promotion Where Criteria For Is Seniority-Cum-Merit: High Court

Live Law  

Rajasthan High Court has reaffirmed that a penalty of censure is not an impediment in promotion where the selection criteria to the post is not solely based on merit but also has a component of seniority in it. It was the case of the petitioner that since the penalty of stopping three annual grade increments was set aside by the …

Delhi High Court Grants Retrospective Promotion to Army Officer Despite Not Completing 10 Years Group 'A' Service
2 months, 1 week ago

Delhi High Court Grants Retrospective Promotion to Army Officer Despite Not Completing 10 Years Group 'A' Service

Live Law  

The Delhi High Court grants retrospective promotion to an Army officer due to circumstances beyond his control. The Petitioner, a Sub-Inspector in the Central Reserve Police Force, was denied promotion due to his 10-year service requirement. However, the court ruled that his case could be heard on the grounds that the reasons for his non-promotion were beyond his control. The …

Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court
4 months, 3 weeks ago

Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that while promotion is not an employee's inherent right, the right to be considered for promotion arises when juniors are considered. The Petitioner argued that despite being eligible for promotion, his application was not considered due to the absence of his Annual Confidential Report, which prevented the Departmental Promotion Committee from evaluating his case. …

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
6 months, 1 week ago

Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the “The ground of rejection of the candidature of the petitioner seems to be wholly …

Disabled staff to get quota in promotion with effect from 2016
1 year ago

Disabled staff to get quota in promotion with effect from 2016

The Hindu  

December 29, 2023 12:48 am | Updated 02:42 am IST - New Delhi The Union government on Thursday issued an order paving the way for Persons with Disabilities to be considered for reservation in promotions up to the lowest rung of Group A posts in the Central government, with effect from June 30, 2016. The Office Memorandum said, “No financial …

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court
1 year, 2 months ago

Promotion Cannot Be Denied In Cases Where Chargesheet Not Filed In Pending Criminal Case Against Employee: Karnataka High Court

Live Law  

The Karnataka High Court has held that promotion to a government employee cannot be denied on the ground that a criminal case was pending against him wherein the chargesheet is not filed, or in cases where Articles of Charge are not issued, on the date of Departmental Promotion Committee Meeting. It was also pointed that on 14.03.1993 itself, the State …

Delay In Approaching Authorities Not A Ground To Deny Promotion Of Eligible Persons: Andhra Pradesh High Court
1 year, 4 months ago

Delay In Approaching Authorities Not A Ground To Deny Promotion Of Eligible Persons: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has allowed an employee’s claim for promotion after 12 years, holding that every individual has the right to be considered for promotion. It is for the authorities to consider the case of promotion of the eligible persons as per their right and as per their turn.” The petitioner had approached the Court challenging the promotion …

Promotion Cannot Be Denied Merely Because Criminal Proceedings Are Pending Against The Employee: J&K&L High Court
2 years, 4 months ago

Promotion Cannot Be Denied Merely Because Criminal Proceedings Are Pending Against The Employee: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday reiterated that promotion cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee and to deny such benefit, they must be at the relevant time pending at the stage when charge memo/charge-sheet has already been issued to the employee. Taking recourse to the available record the bench …

Mere Existence Of Vacancy Per Se Will Not Create Right In Favour Of Employee For Retrospective Promotion: Supreme Court
2 years, 10 months ago

Mere Existence Of Vacancy Per Se Will Not Create Right In Favour Of Employee For Retrospective Promotion: Supreme Court

Live Law  

The Supreme Court observed that mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion.The promotion to a post should only be granted from the date of promotion and not from the date on which vacancy has arisen, the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed.M.S. Challenging the …

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court
2 years, 11 months ago

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs : Supreme Court

Live Law  

On Friday, the Supreme Court delivered the judgment in the issue relating to reservation in promotions. Article 16 read as under - "Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favour of the Scheduled Castes and …

HC gives Haryana six months to finalise promotion policy for differently-abled employees
3 years, 2 months ago

HC gives Haryana six months to finalise promotion policy for differently-abled employees

Hindustan Times  

The Punjab and Haryana high court has directed the Haryana government to frame a policy as expeditiously as possible, but not later than six months on the promotional avenues to differently-abled employees. The court has disposed of an appeal filed by the state government in which it had challenged the October 2018 order of the commissioner for persons with disability, …

Promotion Of Candidate Will Take Effect From Date Of Eligibility And Not Date On Interview: Delhi High Court
3 years, 10 months ago

Promotion Of Candidate Will Take Effect From Date Of Eligibility And Not Date On Interview: Delhi High Court

Live Law  

The Delhi High Court on Monday held that the promotion of a candidate would take effect from date of eligibility and not from the date of interview as per the Career Advancement Scheme governed by the UGC Regulations. The prayer in the three petitions, filed on behalf of Dr. Kiran Gupta, Prof. PB Pankaja and Manju Arora Relan, sought for …

SC Dismisses Judicial Officer's Challenge Against Promotion Norms Of Delhi HC [Read Judgment]
4 years, 8 months ago

SC Dismisses Judicial Officer's Challenge Against Promotion Norms Of Delhi HC [Read Judgment]

Live Law  

On Friday the Supreme Court dismissed a challenge to the Constitutional validity of certain Resolutions and Rules of the Delhi High Court which outline the criteria for a Judicial Officer to be appointed to the post of District and Sessions Judge. The Bench comprising of Justices AM Khanwilkar and Dinesh Maheshwari rejected Additional District and Sessions Judge Sujata Kohli's plea …

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