In a significant ruling concerning government service promotions, the Supreme Court on Friday clarified that no employee has a fundamental right to be promoted. However, if eligible, an employee has the right to be considered for promotion.
A bench comprising Justices Sudhanshu Dhulia and K Vinod Chandran passed the judgment while hearing an appeal filed by a Tamil Nadu constable. The constable had approached the apex court after his name was excluded from the list of candidates eligible for promotion to the post of sub-inspector.
“Employees do not have the right to promotion”
The Supreme Court observed, “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 bench took note that disciplinary and criminal proceedings had been initiated against the constable, following which he was arrested. However, he was later acquitted, and the government dropped the departmental penalties against him in 2009.
Promotion must be based on merit, not past penalties
Highlighting the injustice, the bench said that the constable should have been included in the list of eligible candidates for promotion in 2019. The judges added that “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.”
The Supreme Court was hearing an appeal against the October 2023 ruling of the Madras High Court, which had dismissed the constable’s petition.
