'Employee has no right to promotion, but...' Supreme Court gives important decision

The Supreme Court gave a major decision while hearing a case related to the promotion of employees. The court said in clear words that no employee has the right to promotion. However, if he is eligible, then his promotion can be considered.

The Supreme Court on Friday said that an employee does not have a right to promotion but can be considered for promotion unless he is declared ineligible.

A bench of Justices Sudhanshu Dhulia and K Vinod Chandran was hearing an appeal by a constable from Tamil Nadu who was aggrieved at his name not being considered for promotion to the post of sub-inspector.

'Employees do not have the right to promotion'

The bench said that it is a common practice that an employee does not have the right to promotion, but when selection is being made for promotion and he is not declared ineligible, then he has the right to have his name sent for consideration. In the above case, this right was violated unjustly.

The court observed that departmental and criminal action was taken against him in a case. He was acquitted after being arrested and in 2009 the government dropped the penalty of departmental proceedings against him.

Consider promotions based on merit

The bench said that he should not be kept out of the list of eligible candidates in 2019. He should be considered for promotion, even if he is not disqualified due to his old age. If he is found eligible, he should be promoted from 2019 and all the benefits associated with it should be given because his authority refused to consider promotion on the basis of the punishment which has already been dismissed. In such a situation, it is not his fault. The appellant had challenged the Madras High Court order of October 2023 in the Supreme Court, in which his petition was dismissed.

PC:Jagran