Court affirms non-eligibility for promotion after refusal and foregoes claim for retrospective promotion benefits.
The Himachal Pradesh High Court, presided over by Justice Ranjan Sharma, has delivered a judgment in the case of Indu Sharma v. State of Himachal Pradesh, affirming the validity of specific promotion rules applicable to state employees. The court dismissed the petition filed by Indu Sharma, a retired Junior Assistant, who challenged the promotions of two other employees to the position of Senior Assistant, claiming her own seniority and eligibility had been overlooked.
The dispute centered around Indu Sharma's claim that she was unjustly denied promotion to Senior Assistant, a post she forewent in 2004 due to personal reasons. Sharma argued her seniority entitled her to promotion over Kuldeep Singh and Amit Kumar Sharma, who were promoted in 2004 and 2005, respectively.
The court referenced the instructions dated August 27, 2004, which stipulate that an employee who refuses or foregoes a promotion shall not be eligible for consideration for promotion again for one year or until a vacancy arises, whichever is later. Justice Sharma noted that Indu Sharma had failed to challenge these instructions or the rejection order from April 21, 2005, which further solidified her ineligibility for promotion during the disputed period.
The court's analysis highlighted that Sharma’s foundational claims were incorrect, particularly regarding Kuldeep Singh's so-called promotion, which was merely a placement. Moreover, the court emphasized that the promotion of Amit Kumar Sharma followed due process by the Departmental Promotion Committee, aligning with the applicable instructions.
In dismissing the petition, the court upheld the instructions that govern promotion eligibility, affirming that Indu Sharma's non-consideration was justified under these rules. The judgment underscores the principle that refusal of a promotion impacts future eligibility, a decision that now stands as a reference for similar cases.
The court concluded by stating that the petition, along with any pending applications, is disposed of without awarding costs to the parties involved.
Bottom Line:
Promotion rules - Employee who refuses or foregoes a promotion shall not be considered for promotion again for a period of one year from the date of refusal of first promotion or until a vacancy arises, whichever is later.
Statutory provision(s): Service Law - Promotion rules
Indu Sharma v. State of Himachal Pradesh, (Himachal Pradesh) : Law Finder Doc Id # 2829717
