Right To Be Considered For Promotion Is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court

The Himachal Pradesh High Court held that an employee's right to be considered for promotion is a legitimate expectation which can't be taken away merely because another employee is transferred to the post on the grounds of marriage. The Court further clarified that administrative transfers should not be used in a manner that defeats an employee's legitimate expectation of career advancement.A Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi remarked that: “The right of consideration for promotion is a legitimate expectation of an employee which could not have been taken away on account of a transfer order, only on a ground of marriage and is not mandatory but only recommndatory.”Background:The appeal arose from a judgment passed in a writ petition filed by Sujata Devi. The Single Judge had directed the authorities to appoint Sujata Devi as an Anganwadi Worker at Anganwari Centre Kashpo. Tara Devi, who was respondent No. 5 in the writ petition, challenged this order by filing a Letters Patent Appeal before the Division Bench. Sujata Devi, had been working as an Anganwadi Helper at the same centre since 6 August 2000. So when the post became vacant in April 2024, she claimed that she was entitled to be considered for promotion. However, in July 2024, Tara Devi was transferred to the same Anganwari Centre after her marriage in Village Kashpo and the transfer effectively resulted in Tara Devi occupying the post that Sujata Devi sought to be promoted to.Sujata Devi, relied upon a government notification dated 19 June 2010 which governs appointments under the Integrated Child Development Services Scheme. According to Rule 5 of the notification, when vacancy of an Anganwadi Worker arises, the Anganwadi Helper working at the same centre must be given first opportunity for appointment if she meets minimum educational qualifications required. In response, Tara Devi, Relied on Rule 4, which permits adjustment of Anganwadi Workers or Helpers after marriage if a vacancy exists at the place of the husband's residence and if the request is made within one month.The Court observed that Sujata Devi had completed more than 24 years of service as such at the Centre and when there was a vacant post she had a right to be considered for promotion.Further the Court noted that the transfer of Tara Devi took away the right of the petitioner for promotion. Thus, the court upheld the Single Judge's order in the writ petition and direction to grant promotion to the writ petitioner. Case Name: Tara Devi v/s State of H.P. & othersCase No.: LPA No.837 of 2025Date of Decision: 05.03.2026For the appellant: Mr. Devender Kumar, Advocate.For the Respondents: Ms. Priyanka Chauhan, Deputy Advocate General.Click Here To Read/Download Order

Right To Be Considered For Promotion Is Legitimate Expectation; Marriage-Based Transfer Can't Defeat It: Himachal Pradesh High Court

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