MADHUBALA AGRAWAL Vs. STATE

JUDGEMENT

(1.) The petitioners are the widows of the deceased employees. They are seeking a direction for notional promotion of their husbands on the ground that notional promotions have been given to similarly situated employees w.e.f. 24.1.1980. The petitioners have moved applications for notional promotion w.e.f. 24.1.1980 on 23.5.2011, 24.5.2011 and 28.5.2011 respectively, as stated in paragraph-20 of the writ petition. Though the dates of death of the husbands, who were employees, are not mentioned in the writ petition but from the pleadings, it is clear that the claim for notional promotion has been made by the petitioners after the death of their husbands for the first time and it is not the case of the petitioners that their husbands ever moved any applications claiming the notional promotion during their life time.

(2.) Learned Standing Counsel submtted that promotion/notional promotion is the vested right of the employees and can only be claimed by them either during the course of employment or even after the retirement but the heirs of the deceased employees had no such vested right to claim notional promotion in case if no such claim has been made by the deceased employees and, therefore, the claim of the petitioners can not legally be entertained.

(3.) I have considered the rival submissions.