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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
J. Rekha Sundaram – Appellant
Versus
Kerala State Co-Operative Union – Respondent
JUDGMENT :
T.R.RAVI, J.
The petitioner joined the service of the 1st respondent in 1994. Ext.P1 is the seniority list of Superintendent/Accounts Officer, published on 19.12.2020 in which the petitioner is shown against Sl.No.2 and Smt. Preetha John is shown against Sl.No.1. The petitioner had been posted as Superintendent, when Smt.Preetha John was promoted to the post of Deputy General Manager, as can be seen from Exhibit P2. Smt. Preetha John was later promoted as General Manager on 20.6.2023 and the petitioner was promoted as Deputy General Manager in the resultant vacancy. Smt.Preetha John retired from service on 31.05.2024 and the petitioner was put in additional charge of General Manager. This fact is evidenced by Exhibit P4. The claim of the petitioner is that she is the seniormost qualified and eligible hand in the feeder category and is entitled to be promoted to the post of General Manager with effect from01.06.2024. The petitioner submitted Ext.P5 representation on 14.10.2024 and thereafter filed W.P.(C)No.44797 of 2024 before this Court on 13.12.2024. While so, when steps were taken for making contract appointment to the post of General Manager based on the amendment of S
Promotion rights are determined by the rules in effect at the time of consideration, not necessarily by those when vacancies arose.
Promotion criteria and eligibility are determined by the employer's discretion, and employees do not have a vested right to promotions under repealed rules.
Vacancies arising under older rules are not necessarily filled by those rules when new recruitment rules have been promulgated, barring vested rights.
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.
The court ruled that despite the lack of formal regularization, practical circumstances warrant consideration for promotion based on long service and the failure of authorities to follow proper proce....
Merit-based promotions take effect from the date of the promotion order, not the date of vacancy, as retrospective promotions are not justified.
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
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....
The right to consideration for promotion is governed by the rules in effect at the time of consideration, not those in place when vacancies arose.
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