Sorry Employees: Promotion Is NOT Your Guaranteed Right (SC Verdict) – Trak.in

In a significant ruling, the Supreme Court of India has reaffirmed that while promotion is not a guaranteed right, every eligible employee has the right to be considered for promotion, unless they are disqualified. The decision came in response to an appeal by a Tamil Nadu police constable, who was unjustly denied consideration for promotion to sub-inspector.

Background: A Long Wait for Justice

The appellant, appointed in March 2002, was eligible for consideration in 2019 under the 20% departmental quota for in-service promotions. However, he was denied consideration on the basis of an old departmental punishment—a postponement of increment for one year issued in May 2005.

While he had faced both criminal and departmental proceedings for an alleged altercation with a colleague, he was acquitted in the criminal case and the departmental punishment was set aside in 2009.

Despite this, the Superintendent of Police deemed him disentitled due to the 2005 penalty, which no longer stood legally.

Supreme Court’s Verdict: Consider Him Without Delay

A bench of Justices Sudhanshu Dhulia and K Vinod Chandran ruled that:

“An employee has no right to be promoted but has a right to be considered… which right has been impinged, unjustly, in the above case.”

The bench criticized the authorities for using a nullified punishment as grounds to deny promotion consideration and ordered that:

• The constable must be considered for promotion from 2019
• If found eligible, he must be promoted with retrospective effect
• He is entitled to consequential benefits, including arrears

A Win for Service Rights & Procedural Fairness

The apex court’s ruling is seen as a landmark affirmation of procedural fairness in government employment. It underscores that past penalties, if legally overturned, cannot be used to deny career advancement.

The court also overturned an October 2023 Madras High Court ruling that had dismissed the constable’s plea for consideration.

Broader Implication: Due Process Matters in Promotions

This ruling could have broader implications across government departments and public sector bodies. It emphasizes that authorities must base decisions on valid and current disqualifications, not those that have already been legally set aside. If an employee becomes overaged due to delays caused by the administration, that too cannot be used against them.

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