‘Vacancy date doesn't mean promotion date': HC says no to backdated DSP promotions
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Chandigarh: The Punjab and Haryana high court dismissed a petition filed by some officers of Haryana Police seeking retrospective promotion to the rank of deputy duperintendent of Police (DSP) from June 2019.
The court held that no legal right exists for employees to demand backdated promotions in the absence of favouritism, fraud, or misuse of power.
"The sole grievance of petitioners is that in 2019, a small batch was going to be promoted; however, in 2020, a larger batch was promoted, which is going to affect their future prospects. The reason advanced by petitioners is neither convincing nor plausible. Promotion is not a matter of right, even though part of conditions of service and governed by Article 16 of the Constitution of India.
In the absence of favouritism, fraud, or misuse of power on the part of respondents, the petitioners cannot be granted promotion from a retrospective date," the HC held.
Justice Jagmohan Bansal passed these orders while dismissing a petition filed by Vikash Kaushik and another officer. Both joined the Haryana Police as inspectors in 2008 and were eligible for consideration when 39 senior-most Inspectors were shortlisted in May 2019 to fill 18 vacancies of DSP through promotion.
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The petitioners were within the eligibility for promotion, and the same was confirmed by the DGP.
However, the Departmental Promotion Committee (DPC) meeting scheduled in Sep 2019 was cancelled due to an interim order in a case filed before the high court. That matter was only resolved in July 2020. By then, the DPC met again on June 27, 2020, and considered 41 posts for promotion, finding 35 inspectors eligible — including the petitioners.
They were promoted on Aug 5, 2020, but only prospectively.
The petitioners argued that the delay was intentional and disadvantaged them, as more officers were promoted in the 2020 batch, potentially affecting their future prospects of becoming IPS officers. They sought directions for "ante-dated" promotions from June 2019.
Opposing their plea, the state contended that no junior to the petitioners was promoted before them and that delays were due to judicial proceedings, not malice. After hearing all the parties, the HC dismissed the petition, holding that there is neither any allegation nor evidence of fraud against the respondents. The respondent has not promoted any junior of the petitioners prior to their promotion.
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