Court sets aside seniority list, orders promotion with retrospective effect for Naresh Kumar despite minor penalty
In a significant ruling, the Punjab and Haryana High Court has quashed a seniority list placing Naresh Kumar, a Municipal Town Planner, below his juniors due to a minor penalty imposed on him. The court has directed the State of Punjab to promote Kumar retroactively to the post of Municipal Town Planner from October 26, 2020-the date when his juniors were promoted-along with all consequential benefits. The court also instructed authorities to consider Kumar for further promotion to the post of Senior Town Planner.
The judgment, delivered by Justice Harpreet Singh Brar, emphasized that a minor penalty of stoppage of one annual increment without future effect cannot hinder an employee's seniority or promotion prospects. This aligns with precedents set by the Supreme Court and previous High Court decisions, which state that such penalties should not impact seniority or serve as a barrier to promotion.
The petitioner, Naresh Kumar, was initially penalized with the stoppage of one annual increment without future effect due to departmental proceedings. Despite being ranked second in the seniority list of Assistant Town Planners, finalized on March 20, 2020, he was overlooked for promotion in favor of his juniors.
Counsel for Kumar argued that the minor penalty should not have affected his promotion, citing Supreme Court and High Court judgments that support this view. The court concurred, referencing the Supreme Court's decision in Shiv Kumar Sharma v. Haryana State Electricity Board and other relevant cases that reinforce the principle that minor penalties should not preclude promotions.
The court ordered that Kumar's seniority be restored and his promotion be backdated, directing the State to implement the decision within three months. This ruling underscores the judiciary's stance that employees should not face compounded penalties for minor infractions.
Bottom Line:
Minor penalty of stoppage of one annual increment without future effect cannot act as a bar for promotion, nor can it affect the seniority of an employee.
Statutory provision(s): Article 226 of the Constitution of India, Punjab Municipal Corporation Services (Recruitment and Conditions of Service) Rules (Amendment), 2020.
Naresh Kumar v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2836288
