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Smt. Vimla Amoli v. Vice Chncellor H.n.b. Garhwal Central University and Another

Uttarakhand HC14 Nov 2014WPSS/1799/2013

Case brief

AI extract

What is this about?

The Court held that an employee appointed on compassionate grounds must be considered for promotion if she meets eligibility criteria. The University was directed to consider the petitioner for promotion to a Class III post in the next exercise or within six months.

What did the court decide?

Respondents directed to consider petitioner's candidature for promotion to Class III post in next exercise or within six months.

Smt. Vimla Amoli Vs Vice Chncellor… — Pension and Retirement Benefits | Uttarakhand HC (2014)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Writ Petition (S/S) No.1799 of 2013

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Smt. Vimla Amoli ………….Petitioner

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Versus

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Vice Chancellor, H.N.B. Garhwal Central University, Srinagar & another ………Respondents

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Hon’ble Sudhanshu Dhulia, J. (Oral)

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Mr. M.C. Pant, Advocate, present for the petitioner.

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Mr. Paresh Tripathi, Advocate, present for the respondents.

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The petitioner is a Class IV employee with the H.N.B. Garhwal University which is a Central University. Admittedly the petitioner was appointed on compassionate ground in the year 1995. The petitioner claim that she was liable to be considered for promotion to a Class III post when she had passed Intermediate i.e. 1997 and there are channels of promotion available and the University in the past has promoted employees from Class IV to Class III.

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In the counter affidavit, one of the objections which have been raised by the University is that since the petitioner was appointed on compassionate ground and there is no provision for promotion of such appointees to a Class III post.

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The promotion to an employee is not an indefeasible right and merely if the petitioner has acquired eligibility she cannot claim the promotion as a matter of right. However, in case the petitioner comes

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under the zone of consideration and she fulfils qualification for such promotion, her candidature shall also considered for the promotion, as non consideration of her candidature for reasons that her appointment was on “compassionate grounds”, would be illegal, as the petitioner the moment she entered the service was a member of the Class IV cadre like others.

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In view thereof, the writ petition is disposed of with the direction to the respondents to consider the candidature of the petitioner for promotion to a Class III post in the next promotion exercise or within a period of six months from today, whichever is earlier.

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No order as to costs.

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(Sudhanshu Dhulia, J.) 14.11.2014

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Smt. Vimla Amoli v. Vice Chncellor H.n.b. Garhwal Central University and Another

Case brief

What is this about?

What did the court decide?

Smt. Vimla Amoli v. Vice Chncellor H.n.b. Garhwal Central University and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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