Facts
The petitioner was promoted to Foreman in August 2005.
Source reference: p. 2–3Under the Recruitment and Promotion Regulations notified on 2 May 1996, Foreman (Special) posts were filled by promotion from eligible Foremen, with a 13-point roster applied to the six-post cadre.
Source reference: p. 2–3In March 2012, three promotions were made using the fourth roster cycle, including one promotion against an SC-reserved point.
Source reference: p. 3, 8–10At the time of the next DPC in April 2015, two posts were vacant; the petitioner stood second in the seniority list, while respondent No. 4 stood ninth.
Source reference: p. 3–7, 8–9The Board promoted respondent No. 4 against an SC-reserved point by applying the fifth cycle.
Source reference: p. 3–7, 8–9The petitioner’s challenge to that promotion and claim for promotion from 27 July 2015 came before the Court after his death; his wife and son were substituted as legal representatives.
Source reference: p. 1–2Issues
1. Whether the Board could move to the fifth roster cycle before completing the fourth cycle when filling the vacant Foreman (Special) posts.
Source reference: p. 10–132. Whether the petitioner, as the second-ranked eligible Foreman, was entitled to promotion from 27 July 2015 instead of respondent No. 4.
Source reference: p. 10–13Law Applied
The Court applied the Board’s Recruitment and Promotion Regulations for Foreman (Special), notified on 2 May 1996 and amended on 20 February 2010, together with the Board’s 13-point promotion roster.
Source reference: p. 2, 5–6Under the roster notes, roster points are followed in the prescribed sequence—vertically and then horizontally in an “L” shape—and a later cycle cannot be adopted before the applicable roster sequence is completed.
Source reference: p. 9–10The Court also relied on Article 14 of the Constitution, holding that departure from the roster which denied an employee’s rightful promotion claim was arbitrary and discriminatory.
Source reference: p. 12No judicial precedents were cited.
Source reference: no citationReasoning
The Court found that the 2012 promotions had been made in the fourth cycle and that the roster sequence remained incomplete.
Source reference: p. 10–12Accordingly, when two posts fell vacant in 2015, the Board was required to continue applying that cycle rather than jump to the fifth cycle; the roster did not permit the Board to fill the second vacancy on the basis of the fifth-cycle SC point.
Source reference: p. 10–12Because the petitioner stood second in the seniority list and the posts fell to the unreserved category under the applicable sequence, the Court held that he should have been promoted instead of respondent No. 4.
Source reference: p. 11–13The Board’s contrary approach violated the roster and Article 14.
Source reference: p. 11–13Holding
The petition was allowed.
The promotion order dated 27 July 2015 in favour of respondent No. 4 was quashed, and the Board was directed to promote the petitioner as Foreman (Special) with effect from that date, with consequential service benefits, including seniority and increments.
Source reference: p. 13–14The Board was directed to complete the exercise within three months; unpaid promotion arrears would carry interest at 6% per annum from the date of judgment until realization.
Source reference: p. 13–14Benefits were to be released to the petitioner’s legal representatives.
Source reference: p. 13–14Original Court PDF
Naginder SinghvsSTATE OF HP
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