Ramesh Chand Yaduwanshi v. State Of Haryana And Others
CWP No.6176 of 2022 -1- 2024:PHHC:023462
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH ***** CWP No.6176 of 2022 Date of Decision : 20.2.2024 Ramesh Chand Yaduwanshi ..... Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Karan Singh, Advocate, for the petitioner Mr. Suneel Ranga, DAG, Haryana --- TRIBHUVAN DAHIYA J. (ORAL): The petition has been filed, inter alia, seeking a writ of certiorari quashing the letter dated 14.9.2021, Annexure P-26, whereby the respondents have denied to consider the petitioner for promotion to the post of Head of the Department.
2.
Learned counsel for the petitioner contends that the petitioner joined the Department as Lecturer-Computer Science on 7.8.2007, and was promoted as Senior Lecturer w.e.f. 28.6.2010. As per the Haryana Technical Education Department (Group-A) Service Rules, 1986 (for short 'the Rules'), prescribed academic qualifications and experience for promotion as Head of the Department in Computer Engineering is '12 years experience as Lecturer in Computer Engineering/Programmer out of which 2 years as Senior Lecturer in Computer Engineering'. The petitioner fulfilled the requisite qualifications on 6.8.2019, still his case was not considered for promotion. He is due for superannuation in near Ashwani Kumar 2024.02.23 11:53 I attest to the accuracy and integrity of this document
CWP No.6176 of 2022 -2- 2024:PHHC:023462 future, this also makes it incumbent upon the respondents to consider him for promotion.
3.
Learned State counsel contends that the respondents have not considered any of the petitioner's juniors for promotion, nor any Departmental Promotion Committee (DPC) meeting had been held for the purpose. The petitioner cannot claim to be promoted as a matter of right. 4.
Heard.
5.
It is not in dispute that no person junior to the petitioner has been promoted as Head of the Department. Merely because he became eligible for promotion as per the Rules, will not confer any right upon him to claim promotion. This Court has no doubt that the petitioner will be duly considered for promotion as per his seniority position in accordance with the Rules.
6.
In view thereof, there is no ground to interfere with the order passed by the respondents.
7.
Dismissed.
(TRIBHUVAN DAHIYA) JUDGE 20.2.2024 Ashwani
Ashwani Kumar 2024.02.23 11:53 I attest to the accuracy and integrity of this document