himself has coined the use
of High Court order of illegal promotion of respondent no.5. The
explanation of the Acting Vice Chancellor with regard ... university to release the arrears of salary
accruing from such illegal promotion.
8. That the Vice Chancellor-in-charge cannot exonerate
Patna High Court CWJC
Engineers without consideration of the case of the promotees
for such promotion was illegal. [946E-G]
2. No exception is or can be taken ... promotion of direct
recruits to the posts of Executive Engineers without
consideration of the case of the promotees for such
promotion was illegal. The attack
been done.
The petitioner complains of the allegedly illegal
confirmation. going as far back as 1955, and illegal
seniority lists prepared after ... Annexure 7 to his petition), and to allegedly illegal
promotion of juniors without setting out the names or dates
of promotions of all those
held that such
amendment made for the purpose of justifying the illegal
promotion made, in the teeth of the protection conferred by
Articles ... petitioners challenged the
orders of reversion as illegal inasmuch as their promotion
as Upper Division Clerks and later as Assistants had been on
a permanent
speech and protects expression of
political position but checks and criminalises illegal promotion of
hate speech on basis of race, colour or national origin
option but to proceed on the basis that the
promotion of said Hamidullah Dar was illegal.
11. There cannot be any doubt whatsoever that keeping ... petitions
immediately, the High Court might have directed cancellation of his illegal
promotion. This Court in Maharaj Krishan Bhatt (supra) did not take into
consideration
ultra vires. Such amendments made for the purpose of
justifying the illegal promotion made, in the teeth of the
protection conferred by Articles ... ultra vires. Such amendments made for the purpose of
justifying the illegal promotions made, in the teeth of the
protection conferred by Articles
relevant rules, the service rendered in
pursuance of such illegal appointment or promotion cannot
be equated to service rendered in pursuance of an
appointment ... include
the period of service rendered in pursuance of an illegal
promotion which is subsequently set aside. It,
therefore, follows that the period of service
cadre post of
Executive Engineer is illegal?
10. The issue pertains to the promotion of respondent No.1 and his
seniority ... attached to the promotion under the service rules. There
appears to be compounded illegalities. The promotion may
be illegal. So much so the conditions stipulated
drainage of public
funds. Whereas an employee cannot be denied his
promotion in terms of the rules, the same cannot be granted ... petitions immediately,
the High Court might have directed cancellation of his
illegal promotion. This Court in Maharaj Krishan Bhatt did
not take into consideration
