Delay in promotion violates the fundamental right under Article 16 of the Constitution

Himachal Pradesh High Court: In a writ petition relating to the delay in promotion of a Head Master, a single bench comprising of Rajiv Sharma, J, reiterated the legal position as laid down by the Supreme Court that the right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16 of the Constitution. The guarantee of a fair consideration in matters of promotion under Article 16 virtually flows from guarantee of equality under Article 14 of the Constitution and any delay in the promotion by the Selection Committee for no valid reason is an infringement of that right. In the present case the petitioner had been duly considered for the post of Principal but he had retired before the actual Promotion list was out thus depriving him of the opportunity to the benefits of that post. The Court found the delay violative of his rights and thus allowed the petition. Shakti Chand Dogra v. State of Himachal Pradesh, CWP(T) No.12590/2008, decided on 22 April 2014

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  • Are there any similar cases and judgements against state government doctors? We in AP, the civil assistant surgeons are deprived of our next promotion, which is due for the last 4 years. What should we do? Can we challenge the promotion policy in court of law?

  • As on the date of written examination for promotion I am absolutely eligible with qualifications and specified period also. But management did not consider me.

  • When States are divided, employees are also divided on population or some other basis. Naturally , certain number of employees get better promotional chances over the other employees,when they are divided. These issues should be addressed, when States are divided under Article 3 of our Constitution.

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