The court dismissed a writ petition seeking promotion on the basis of parity. The High Court held that one wrong in the employment of another employee does not entitle the petitioner to promotion in the absence of rules permitting such out-of-turn promotions.
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.
CWP No.10432 of 1999 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
C. W. P. No. 10432 of 1999
Date of Decision: 19 - 8 - 2010
Abdul Gaffar ....Petitioner
v.
State of Haryana and others
....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
*******
Present: Mr.Satish Chaudhary, Advocate for the petitioner.
Mr.Himanshu Raj, AAG, Haryana for respondents No.1 to 4.
None for respondent No.5.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
In the present writ petition, a prayer has been made that petitioner be promoted as a Forester out of turn because he was declared as best athlete in November, 1996. For seeking this relief, it is pleaded that earlier in the year 1994, one Krishan Pal who was also declared as best athlete, was promoted as Forester. Therefore, it has been submitted that same treatment ought to be extended to the petitioner and on the basis of parity, he be also promoted.
In the written statement filed to the writ petition, it has been averred that there is no provision in the existing service rules for out of turn
CWP No.10432 of 1999 [2]
promotion to the best athlete. Para 5 of the written statement reads as
under:-
“5. That in reply to para No.5 of the petitioner (sic) it is submitted that the petitioner submitted an application in the office of Chief Conservator of Forests (Aravali Project) Gurgaon with the request that he may be promoted to the post of Forester, which was received in the office of answering respondent vide letter No.1314 dated 26.2.97 of Conservator of Forests, Aravali. The proposal was sent to respondent No.1 vide letter No.2918 dated 26.5.97 and it was specifically mentioned in the proposal that there is no provision in the existing service rules for out of turn promotions to the best athlete.”
However, the respondents admitted that in the year 1994 on the closing ceremony of State Level Sports Competition, the then Forest Minister had announced that respondent No.5 may be promoted as Forester. Many employees of the Department challenged promotion of respondent No.5, therefore, order of promotion of respondent No.5 were reviewed and then he was made Forester against direct quota w.e.f. 15.5.1996. The procedure adopted to promote respondent No.5 may not be correct but one wrong committed will not entitle the petitioner to promotion till there are provisions made under the rules for promotion to the post of Forester on out of turn basis. In view of this, the present writ petition is dismissed, with no order as to costs.
( KANWALJIT SINGH AHLUWALIA ) August 19, 2010. JUDGE
RC
CWP No.10432 of 1999 [3]
1 issue framed by the court
Whether a petitioner can claim promotion on parity with a previously promoted employee when no provision exists for out-of-turn promotions.
Abdul Gaffar
State of Haryana
Kanwalfjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
