Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates
Aiman J. Chishti
27 Dec 2024 7:07 PM IST
The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion.
In the present case, the petitioner sought promotion from the date when she became eligible for the post.
Referring to the Supreme Court's decision on this subject, Justice Namit Kumar said, "It is a well settled proposition of law that promotion is not a fundamental right, however, consideration for promotion is a fundamental right as has been held by the Hon'ble Supreme Court in “Ajit Singh vs State of Punjab”...Equally, it is well settled that neither the promotion can be claimed from the date of occurrence of vacancy nor from the date of acquiring eligibility. The petitioner has already been promoted to the post of Accountant on 31.01.2020 and she has no vested right of claiming promotion from the date of occurrence of vacancy or acquiring eligibility."
The court further referred to Supreme Court's decision in I. Chuba Jamir and others vs The State of Nagaland and others (2010) wherein it was held that "mere eligibility does not confer any right for promotion".
The Court added that it is not the case of the petitioner that any of her junior has been promoted to the post of Accountant prior to the date of her promotion.
It was submitted by the petitioner Poonam Rani that was initially she was appointed as Auction Recorder and was further promoted to the post of Mandi Supervisor- cum-Fees Collector vide order dated 02.05.2013 and the next channel of promotion is to the post of Accountant and the said post became vacant in the year 2015 and the petitioner became eligible in 2016.
Thereafter, she has already been promoted to the said post on 31.01.2020 and has also retired from the said post on the same day.
After examining the submissions, the Court noted that, It is a well settled proposition of law that promotion is not a fundamental right, however, consideration for promotion is a fundamental right.
Equally, it is well settled that neither the promotion can be claimed from the date of occurrence of vacancy nor from the date of acquiring eligibility, it added.
Reliance was placed on Apex Court's decision in Nirmal Chandra Sinha vs Union of India & Ors, [2008(2) SCT 675] to underscore that a promotion takes effect from the date it is granted, and not from the date the vacancy occurs or the post is created.
The Court also referred to Union of India & Anr. vs Manpreet Singh Poonam etc., [2022(6) SCC 105], wherein it was held that a vacancy alone does not give an employee the right to a retrospective promotion, especially when the rules for promotion include a prescribed selection process.
Case Title: Poonam Rani v. State of Punjab and others
Mr. Rajiv Rathore, Advocatefor Mr. Ishan Sharma, Advocate for the petitioner.
Mr. Teevar Sharma, AAG, Punjab.
Mr. Shubhkarman Singh Gill, Advocate for Mr. Kshitij Sharma, Advocate for respondents No.3 and 4.
Citation : 2024 LiveLaw (PH) 428
