The Punjab and Haryana High Court has dismissed the petition of 2 Haryana Police officers, in which they had demanded retrospective promotion to the post of Deputy Superintendent of Police (DSP) from June 2019. The court has clarified that employees have no legal right to retrospective promotion without bias, fraud, or abuse of power.
While pronouncing the order, Justice Jagmohan Bansal said that promotion, despite being a part of the terms of service, is not a right but it is given as per the rules under the constitutional provision (Article 16). Unless any bias, fraud or abuse of power is proved, retrospective promotion cannot be given.
Petitioners said – promotion was deliberately delayed
The petitioners said that the promotion in 2019 was delayed deliberately, due to which the inclusion of more officers in the 2020 batch will affect their chances of becoming IPS in future. They had demanded promotion from June 2019.
The government argued that no officer junior to the petitioners has been promoted before them. And the delay was due to a process and not due to any malice. The court accepted the state’s argument and dismissed the petition.
Aries: The day will be auspicious...