Case Note & Summary
The petitioner, Shri S. Lekshmanan, was appointed as Junior Engineer (Electrical) on 04.06.1979 and promoted to Assistant Engineer on 15.07.1996. He claimed eligibility for promotion to Executive Engineer in 2004 after completing eight years of regular service. Despite representations on 21.04.2004 and 04.11.2004, he was promoted on an ad-hoc basis on 29.07.2005. Subsequently, on 28.03.2008, he was promoted regularly to the post of Executive Engineer (Electrical) for the vacancy of 2004. The petitioner sought a writ of mandamus to treat his service as regular from 2004 or from 29.07.2005, arguing that the delay in regular promotion affected his eligibility for further promotion to Superintendent Engineer. The respondents opposed, contending that the ad-hoc promotion did not confer a right to regularisation from that date. The court, after hearing arguments, dismissed the petition, holding that the petitioner was not entitled to have his promotion antedated. The court noted that the ad-hoc promotion was temporary and did not create a vested right, and the regular promotion in 2008 was valid. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Promotion - Regularisation - Ad-hoc appointment - Petitioner sought mandamus to treat his service as regular Executive Engineer from 2004 or 2005 - Court held that ad-hoc promotion in 2005 did not confer right to regularisation from that date, and regular promotion in 2008 was valid - No entitlement to retrospective promotion (Paras 2-4).
Issue of Consideration
Whether the petitioner is entitled to have his promotion to the post of Executive Engineer treated as regular from the year 2004 or from 29.07.2005 instead of 28.03.2008.
Final Decision
Writ Petition dismissed. No order as to costs.
Law Points
- Promotion
- Regularisation
- Ad-hoc appointment
- Eligibility criteria
- Qualifying service
- Writ of mandamus
