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claiming promotion

(Querist) 25 July 2009 This query is : Resolved 
can an employee working in state public sector undertaking employee claim promotion to the higher post. If so under what grounds?
Kiran Kumar (Expert) 25 July 2009
promotion is a right......but this right is subject to the Rules and Regulations governing the post.

points to be considered:- ACR, availability of post, seniority, merit.

all ve to be seen from the rules.
K.S.Srinivas (Querist) 25 July 2009
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:-

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?
K.S.Srinivas (Querist) 25 July 2009
Dear Sri Kiran Kumar,

Kindly suggest me on the following:-

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:-

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.
A V Vishal (Expert) 31 July 2009
The Supreme Court, in a milestone decision, has ruled that the government officials have no any fundamental right to be promoted. They would not be able to get promotion despite of having eligibility criteria to work on the higher post.

The apex court’s decision is a major setback for the government employees at the time when they are making demands for time-bound promotions in their services.

The apex court Bench comprising Justices S B Sinha and C K Thakker stated that a person has no fundamental right of promotion in terms of Article 16 of the Constitution of India. Although he has a fundamental right to be considered thereof as the bench stated further that the consideration for promotion by Departmental Promotion Committee (DPC) regarding the candidature of the aspiring employees should be efficient and carrying great weight.

According to the Article 16 of the Constitution, there should be an equal opportunity to all in matters of public employment. The article does not talk about any fundamental right for an employee to get promotion. At the same time, the court bench clearly added in the ruling that all employees can have a genuine ambition to get promoted. They have the fundamental right to be considered for promotion by the Departmental Promotion Committee (DPC).

The Bench stated later that merit and suitability should be the primary consideration for promotion to a selection post. The Bench, during the hearing of a dispute between two government employees, S B Bhattacharya and S D Majumdar, for the post of executive engineer in Mizoram, also ruled that the terms and conditions of service of an employee, should be abide by the rules framed according to the Article 309 of the Constitution.

As far as the states are concerned those have not framed rules for promotions based on merit and suitability of candidates, the DPC should act as the deciding board to consider the promotions based on merit of the candidates.



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