Shaikh Sajid Shaikh Hamid v. the Union of India and Others
Case brief
What is this about?
In this promotion dispute, the High Court held that while no fundamental right to promotion exists, the petitioner had a right to be considered. The court directed authorities to consider the senior-most eligible junior clerk for promotion within three months.
What did the court decide?
Direction to consider the petitioner for the post of accountant within three months based on eligibility and competency in accordance with rules.
What the court decided
.. 1 ..
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
936 WRIT PETITION NO.3409 OF 2019
Shaikh Sajid Shaikh Hamid Age : 48 years, Occu : Service as Junior Clerk, Aurangabad Cantonment Board, Aurangabad. .. Petitioner
Versus
- The Union of India Through its Secretary, Ministry of Defense, New Delhi.
- The Principal Director, Defense Estate, Government of India, Ministry of Defense, Southern Command, Pune
- The General Office Commanding In Chief (GOD-in -C) Southern Command, Pune
- The President, Cantonment Board, Aurangabad, Dist. Aurangabad.
- The Chief Executive Officer, Aurangabad Cantonment Board, Aurangabad, Dist. Aurangabad
- Mohd. Bashir Mohd. Jamal Age: Major, Occu : Service as Accountant, Aurangabad Cantonment Board, Aurangabad Tal. & Dist. Aurangabad. .. Respondents
Issues for consideration
2 issues framed by the court
Whether the right to promotion is absolute or merely the right to be considered.
Whether the petitioner, being senior-most and eligible, should be considered for the post of accountant.
Parties & counsel
- petitioner
Shaikh Sajid Shaikh Hamid
- respondent
Union of India
- respondent
Mohd. Bashir Mohd. Jamal
Coram
Case details
As recorded by the court registry
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