Employee Cannot Seek Promotion Merely Based On Eligibility, When Dept Promotion Committee Was Not Convened Before His Retirement: HP High Court

The Himachal Pradesh High Court held that an employee cannot claim promotion merely on the ground that he was found eligible, where the Departmental Promotion Committee was convened only after his retirement.

The Court further stated that there is no vested right to promotion after superannuation in the absence of any mala fide delay on the part of the competent authority.

Rejecting the writ petition Justice Jyotsna Rewal Dua held: “The petitioner does not have any vested right to seek promotion only on the basis of his name having been found to be eligible for promotion to the post of Superintendent Grade-I. Since, the petitioner had superannuated prior to the convening of DPC, he cannot be granted promotion to the post of Superintendent Grade-I”.

The petitioner joined as a clerk in the Higher Education Department of the State of Himachal Pradesh in 1989 and was later promoted to senior assistant in the year and as a superintendent grade-ii in 2007.

In March, 2024 the petitioner was found eligible for promotion to superintendent grade-I and his details were also submitted to Director, Higher Education, Himachal Pradesh.

Thereafter, in June 2024 the petitioner filed a representation before respondent No.1 asking them to promptly convene the Department promotion committee meeting for his promotion as his date of superannuation was near.

The petitioner then approached the High Court seeking direction to respondents to convene DPC meeting or if the meeting was not convened before his superannuation his case shall be considered notionally for promotion.

The Court observed that the respondents did not have any malafide intent for convening the meeting of DPC for promotion of petitioner before his superannuation.

Thus, the High Court dismissed the writ petition.

Case Name: Nek Singh Dogra State of H.P. & Ors.

Case No.: CWP No. 5746 of 2024

Date of Decision: 12.08.2025

For the Petitioner: Mr. Surender Sharma and Mr. Neeraj Sharma, Advocates.

For the Respondents: Ms. Menka Raj Chauhan, Deputy Advocate General

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