State Must Prioritise Its Own Employees For Promotion Over Deputationists: P&H High Court To Chandigarh Admin

The Punjab and Haryana High Court has held that the State is bound to consider the interest of its own employees for promotion on a higher pedestal as compared to persons brought through deputation or transfer. The Court observed that service rules must not operate to prejudice promotional avenues of existing employees in favour of external entrants.A division bench of Justices Harsimran Singh Sethi and Deepak Manchanda was hearing a batch of writ petitions challenging the order of the Central Administrative Tribunal, Chandigarh, which had quashed the appointment of the petitioner to the post of Supervisor and directed the Chandigarh Administration to notify fresh service recruitment rules. The dispute pertained to appointments made pursuant to an advertisement dated 07.10.2013 and the consequential claims of promotion between competing candidates. During the hearing, counsel for the parties submitted that considerable time had elapsed since the Tribunal's order, and a pragmatic resolution could be achieved if directions were issued for considering the petitioner for promotion to the post of Manager, and the private respondent for promotion to the resultant vacancy of Supervisor. Taking note of the consensus and the passage of time, the Court directed that the petitioner be considered for promotion to the post of Manager, and if found eligible and fit, appropriate orders be passed. It further directed that in the event of such promotion, the private respondent be considered for promotion to the post of Supervisor against the resultant vacancy.The Court specifically held that the claim of promotion should not be rejected on the ground that the post cannot be filled by promotion, and emphasised that the State must give due priority to its own employees for advancement in service. It clarified that preference for deputation or transfer cannot override legitimate promotional claims of existing employees.“The State is bound to consider the interest of its own employees for promotion at a higher pedestal as compared to those persons who are brought on deputation or by way of transfer so as to ignore the employees for promotion,” the Court observed. With regard to the direction of the Tribunal to notify fresh recruitment rules, the Court directed the Chandigarh Administration to revisit such rules while ensuring that existing employees are not prejudiced in their promotional prospects. It further observed that resort to deputation or transfer should be considered only where suitable candidates are not available for promotion or direct recruitment.Accordingly, the High Court disposed of the writ petitions with the aforesaid directions.Case Title: Deepak Kumar Nishad v. Arun Kumar & Ors. [CWP-9856-2017]Click Here To Read/Download Order

State Must Prioritise Its Own Employees For Promotion Over Deputationists: P&H High Court To Chandigarh Admin

Saksham Vaishya

Tags