By : Mohan Verma
The Himachal Pradesh High Court has ruled that there will be no promotion of government employees from retrospective effect even if there is administrative delay but no mala fide intent.
Dismissing a bunch of petitions, a division bench of acting Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan observed on May 17, “The normal rule of law is that nobody can be promoted from a retrospective effect except when there exist facts which necessitate so or there is a rule which permits so.”
Retrospective promotion means promotion with effect from an earlier date.
The bench, in an order made available to the media on Tuesday said, “If due to administrative reasons, department promotion committee cannot be held in a year, then the person cannot claim retrospective promotion in the absence of mala fides.”
“We find that there is not even a single whisper much less a ground taken by the petitioners attributing mala fides against the respondents. Therefore, in the given facts and circumstances, in absence of mala fides attributed to the respondents, no retrospective promotions can be ordered,” said the judges in their order.