Single bench dismissal of a promotion petition. The Court held that no vested right to a promotion accrues if no vacancy exists in the quota. Since the promotion exceeded the fixed quota, it was lawful to recall it.
The writ petition was dismissed as there was no illegality in withdrawing the promotion which exceeded the fixed quota.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
WntPetition (S) No.1227 of 2005
PETiTIONER:
Smt. Rekhaia!
-Versus-
RESPONDENTS:
State of Madhya Pradesh (now ;hhatSisgarh) and others
Present
Shri Rakesh Sahu, counse! for the petitioner. Shri Yasfiwant Singh Thakur, Deputy Advocate Generat for the State/ respondents.
Sinole Bench: Hon'ble Shri Prashant Kumar Mishra.A
ORAL ORDER
(6-2-2012)
IKa
iai iiat
o
iiiegaiity in withdrawing the promotion. Since no post was available in the establishment for promotion from the eiigibje class IV employees to fhe post of LDC, no vested right accrued in favour of the petitioner and the authority was fuiiy justified in passing the impugned order.
There fe no substance in this writ petition, which fails and is hereby dismissed^
Sd/-
Bawe
Prashant Kumar Mishra Judge
rII'"ai
2 issues framed by the court
Whether promotion to a higher post creates a vested right when no vacancy exists in the promotion cadre.
Whether an authority committed illegality by withdrawing a prior promotion order that exceeded the fixed quota.
Smt. Rekhaia!
State of Madhya Pradesh (now Chhattisgarh) and others
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
