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Can the Govt.employee claim promotion as a statutory right?

(Querist) 11 June 2009 This query is : Resolved 
I am working in PSU of State Government of A.P.

The method of recruitment and qualifications for filling up of the Joint Secretary is as follows:-

Method of Recruitment : By promotion from the cadre of
Deputy Secretary.

Qualifications : i) Must be an approved probationer as
Deputy Secretary.

ii) Must have worked as Deputy Secretary
for 2 years.

Further, it is ordered that :-

“The Joint Secretary post shall be downgraded as Deputy Secretary as and when the incumbent vacates the post on superannuation or otherwise.”

“The Joint Secretary post shall be filled up as and when any one of the Deputy Secretaries become eligible.”

At the time of retirement of the incumbent holding the post of Joint Secretary on 30-6-2007, I have completed 1 year and 10 months in the cadre of Deputy Secretary. As no eligible candidate is available for promotion to the post of Joint Secretary, it is downgraded as Deputy Secretary in July 2007. By August 2007 I completed the required service of 2 years in the cadre of Deputy Secretary for promotion as Joint Secretary and I am the seniormost Deputy Secretary eligible for promotion to the post of Joint Secretary. I am fully qualified and eligible for promotion. I submitted number of representations to the concerned authority for considering my case for promotion as Joint Secretary by upgrading the Deputy Secretary (which should be done as per the existing rules). No action is being taken by the authority. What is the remedy for me? Can I claim promotion as a right? Please show me the ways for promotion.

PARVEEN DEEPAK ARYA (Expert) 12 June 2009
You cannot claim promotion as a matter of right .However it is your right if you qualify and the post is vacant your name should be considered for the same . If you had represented to the department and it provide deaf ear you may serve a notice and proceed legally by filing a suit for mandatory injunction for consideration of your name for promotion within a specified time
Uma parameswaran (Expert) 12 June 2009
You have the right to get the promotion if the information given here are correct. You can request higher authorities and if they deny or disagree you can approach court of law.
A. A. JOSE (Expert) 12 June 2009
I do not think that you have any legal right to be promoted. Your only right is to be considered for promotion if you are other eligible for the vacancy. However, it is entirely on the competent authority to decide as to whether the vacancy is to be filled up or not depending upon the exigencies of work and other relevant factors. I do not advise you to waste your hard earned money on infructous litigations, that too, after retirement.
A. A. JOSE (Expert) 12 June 2009
I do not think that you have any legal right to be promoted. Your only right is to be considered for promotion if you are other eligible for the vacancy. However, it is entirely on the competent authority to decide as to whether the vacancy is to be filled up or not depending upon the exigencies of work and other relevant factors. I do not advise you to waste your hard earned money on infructous litigations, that too, after retirement.


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