Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court

The Jharkhand High Court has ruled that while promotion is not an employee's inherent right, the right to be considered for promotion arises when juniors are considered.

The writ petition was filed by the Petitioner seeking a direction for the Respondent-State to review his case for promotion to the position of Assistant Engineer. The Petitioner argued that despite being eligible for promotion, his application was not considered due to the absence of his Annual Confidential Report (ACR), which prevented the Departmental Promotion Committee from evaluating his case.

The Petitioner further argued that the responsibility of maintaining the ACR lies with the State/Department, not the employee. Additionally, he claimed that his entire service record was exemplary. Therefore, he requested that the Respondent-State be directed to consider his promotion from the date when his juniors were promoted.

Justice Deepak Roshan, presiding over the case, stated, “this Court is of the view that though the promotion is not a right of an employee, but the right of consideration is accrued when junior to the employee concerned has been considered for promotion. The respondents have not considered the case of the petitioner only on the ground of non-availability of ACR. Admittedly, the custodian of the ACR is the Department/ State and it is not supposed to keep the ACR with the employee. It is also not a case of the respondents that there is any adverse remark against the petitioner.”

“Consider the case of the petitioner for promotion from the date his juniors have been promoted to the post of Assistant Engineer, if there is no other legal impediment, and subject to fulfilment of all eligibility criteria for promotion to the post of Assistant Engineer by the petitioner,” Justice Roshan directed the respondent-State.

He also mandated that the process be completed within four weeks from the receipt of the order.

Accordingly, the Writ Petition was allowed.

Case Title: Daya Ram V. The State of Jharkhand

LL Citation: 2024 LiveLaw (Jha) 141

Click Here To Read The Judgement