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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE VIJU ABRAHAM, J
Bhanumathi T. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Since common issues are involved in these writ petitions, both of the writ petitions are heard and disposed of by this common judgment.
W.P.(C) No.1928 of 2022
2. Petitioner at the time of filing of the writ petition was working as Assistant Manager (HR) under the 2nd respondent. She has now retired from service. It is contended that the employees of the 2nd respondent Corporation are governed by Ext.P1 Special Rules wherein the post of Assistant Manager is included as G9 under the Human Resources (HR) Department and the post of Personal Secretary is included in the Secretarial Wing though the same is also included as G9. As per Ext.P1, promotion to the post of Deputy Manager is to be done by selection from Assistant Managers in G9 having degree with two years service. Though the promotion to the post of Deputy Manager was over due and the petitioner made request in this regard, no action has been taken to grant promotion to the petitioner. Ext.P2 is the information provided to another employee, who is the petitioner in the other writ petition, intimating that only on finalisation of the staff pattern steps could be taken for promotion to the post of Deputy Manager. Petitio
Promotion criteria and eligibility are determined by the employer's discretion, and employees do not have a vested right to promotions under repealed rules.
Promotions in public service must be based on the qualifications of candidates at the time of vacancy occurrence, and not on the timing of appointments or subsequent qualifications of other candidate....
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
Promotion rights are determined by the rules in effect at the time of consideration, not necessarily by those when vacancies arose.
A list of approved candidates for appointment to the posts by promotion, by transfer and by recruitment by transfer shall be prepared annually and the crucial date on which the candidates should have....
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
(1) Right to promotion and subsequent benefits and seniority would arise only with respect to rules governing said promotion, and not a different set of rules which might apply to a promoted post fac....
Promotion in non-selection posts must adhere to seniority without subjective merit evaluations in the absence of unsuitability, reinforcing equality rights under the Constitution.
: : (1) Promotion is a condition of service and consideration thereof is a fundamental right.(2) When rules specifically provide that promotion has to be made on the basis of selection where merit is....
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