Right to Promotion Not a Right, But Right to Be Considered is: SC

New Delhi (The Uttam Hindu): The Supreme Court of India has ruled that while an employee does not have a right to promotion, they have the right to be considered for promotion unless disqualified. A bench of Justices Sudhanshu Dhulia and K Vinod Chandran made this observation while hearing an appeal filed by a police constable from Tamil Nadu.

Case Background

The police constable had been denied consideration for promotion to the post of sub-inspector due to a punishment imposed on him. However, the punishment was later set aside by the government in 2009. Despite this, the superintendent of police refused to consider the constable for promotion in 2019, citing the original punishment.

Court's Verdict

The Supreme Court held that the constable's right to be considered for promotion had been unjustly impinged. The court directed that the constable be considered for promotion, disregarding any disentitlement due to his having become overaged. If found eligible, he shall be promoted from 2019 and shall receive consequential benefits.

Implications

The court's verdict highlights the importance of considering employees for promotion based on their current eligibility and qualifications, rather than past punishments that have been set aside. The ruling is expected to have implications for employees across various government departments and public sector organizations.