The employer must ensure sufficient promotional avenues to increase efficiency in public service, and promotion chances cannot be foreclosed forever.

Rajiv Sharma, J.:-The petitioner was appointed as Mining Inspector on 11.9.1974. He was confirmed on 1.4.1980. The next higher post of Mining Inspector is Mining Officer. The post of Mining Officer as per the Recruitment and Promotion Rules dated 2.7.1976 was to be filled up 100% by direct recruitment. However, the amendment was carried on 19.2.1987 whereby 25% posts of Mining Officers were to be filled in by promotion from amongst Mining Inspectors with at least three years service and having at least the educational qualification as B.Sc. (Geology) from the recognized University and the rest of 75% by direct recruitment. There are eight sanctioned posts of Mining Officers. The respondent-department has also filled up posts of Mining Officers by way of deployment.

2. Mr. Ranjan Sharma, Advocate has strenuously argued that his client is stagnating on the post of Mining Inspector for at almost three decades. He then contended that every employer has to ensure that there are two to three avenues for promotion to increase efficiency in public service. He lastly contended that the rules cannot be framed to make the promotional avenues illusory by the employer.

3. Mr. R.K. Sharma, learned Senior Additional Advocate General has submitted that it is not a case where the petitioner has no promotional avenues, however, since he is not possessing the essential qualification of B.Sc. (Geology), he could not be promoted.

4. I have heard the learned counsel for the parties and perused the record carefully.

5. The petitioner was appointed as Mining Inspector on 11.9.1974. He was confirmed on 1.4.1980. The post of Mining Officer was initially required to be filled 100% by way of direct recruitment. It was in the year 1987 that a decision has been taken to fill up 25% posts of Mining Officer by promotion. There are eight sanctioned posts of Mining Officer. According to amended Recruitment and Promotion Rules, two posts of Mining Officers were required to be filled from the Mining Inspector. It is not in dispute that the petitioner does not possess the qualification of B.Sc. (Geology).

6. Their Lordships of the Hon’ble Supreme Court have repeatedly held that an employer must ensure sufficient promotional avenues to increase efficiency in public service. The petitioner has been stagnating on the same post for almost three decades. Though there are promotional avenues available to the petitioner on the basis of the amendment carried on 19.2.1987 in the Recruitment and Promotion Rules to the post of Mining Inspector, however, he cannot be considered as he does not possess the minimum qualification of B.Sc. (geology).

7. Their Lordships of the Hon’ble Supreme Court in A. Satyanarayana and others versus S. Purushotham and others, (2008) 5 SCC 416 have held that promotion chances cannot be foreclosed forever and if it happens, it violates Articles 14 and 16 of the Constitution of India. The State cannot put a cap on promotion for the entire service period. Their Lordships have held as under:

“24. The High Court, therefore, in our opinion, was not wholly correct when it opined that a policy decision cannot be a subject matter of judicial review. If the State has the power to fix a quota, the Rule underlying the legislative policy must stop at that and the necessary consequences thereof must ensue. Indisputably, again although the State was entitled to provide for quota as also a guideline as to how the roster should work out itself, but thereby it cannot be permitted to put a cap on promotion for the entire service period.

25. While saying so, we are not unmindful of the legal principle that nobody has a right to be promoted; his right being confined to right to be considered therefor.

However, such a Rule must apply to both the groups. Promotion to a higher post from the officers of a particular cadre would depend upon a large number of factors - a person may retire; he may be departmentally proceeded against, he may be sent on deputati