The Supreme Court of India ruled that there is no fundamental right to promotion itself, but employees have a right to be considered for promotion if they meet the eligibility criteria. This decision came from a bench of Justices Hima Kohli and Ahsanuddin Amanullah, who highlighted that the right to be considered for promotion is both a statutory and fundamental right. However, it does not give you assurance for an automatic promotion.
Supreme Court Overturns Patna HC Order, Clarifies No Automatic Right to Promotion
The court revoked a Patna High Court order that directed the Bihar Electricity Board to consider Dharamdeo Das’s promotion to joint secretary from July 29, 1997, rather than March 5, 2003. The bench explained that merely having a vacancy doesn’t create a right for retrospective promotion.
The Bihar Electricity Board had appealed against the High Court’s order, arguing that the joint secretary positions were reduced from six to three after the separation of Bihar. The board claimed that the time period criterion was not statutory, thus not guaranteeing promotion.
The Supreme Court agreed with the board, announcing that no employee can claim a right to a higher post simply based on completing the minimum qualifying service. Such an interpretation would misstate the law, which guarantees the right to be reviewed for promotion, not the right to promotion itself.
Supreme Court Clarifies Right to Be Considered for Promotion, Not Guaranteed Promotion
The bench emphasized that the principle of “equality of opportunity” in employment, as represented in Articles 14 and 16(1) of the Constitution, supports the right to be considered for promotion as a fundamental right. However, this does not mean an employee give the right to a promotion unless clearly stated by the rules.
In closure, while employees must think about for promotion if eligible, this does not equate to a guaranteed promotion, supporting the principle of equal opportunity without generating an automatic right to higher positions.
