The right to seek promotion arises only when an administrative decision is taken to fill up the posts, and the panel of eligible persons is published.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to prepare the panel as on 01.01.2020, 01.01.2021 and 01.01.2022 for the academic year 2020-2021, 2021-2022 and 2022-2023 and to include the petitioner's name in the panel for promotion to the post of Higher Secondary School Headmaster as per seniority and permit the petitioner to participate in the counseling to be conducted on 28.01.2022 or subsequent dates so as to enable the petitioner to get promotion to the post of Higher Secondary School Headmaster.)

Common Order

1. The relief sought for in the present writ petitions is to direct the respondents to prepare the panel as on 01.01.2020, 01.01.2021 and 01.01.2022 for the academic year 2020-2021, 2021-2022 and 2022-2023 and include the name of the petitioners in the panel for promotion to the post of Higher Secondary School Headmasters, as per their seniority and permit the petitioners to participate in the counselling to be conducted on 28.01.2022.

2. The learned counsel appearing for the petitioners made a submission that without preparing a panel for the earlier years, the panel is prepared by the authorities for the current year and therefore, a direction is to be issued to prepare panel with retrospective effect from the year 2020 onwards.

3. The principles to be followed for preparation of panel by the authorities are that an administrative decision is to be taken by the competent authorities to fill up the vacancies at the first instance. If an administrative decision is taken to fill up the posts, then, a list of eligible persons to be prepared and the panel is to be approved and the panel of eligible persons to be published, who all are fit for promotions to the higher category. Thereafter, the promotion is to be granted.

4. The right of an employee for promotion is also to be considered by this Court. Promotion per se would not confer any right on the employee. However, consideration for promotion is a Fundamental Right of an employee. Thus, promotion cannot be sought for as a matter of right. All promotions are to be made strictly in accordance with the Rules and by following the procedures contemplated. Therefore, right of an employe for promotion would arise only, if a decision is taken to fill up the posts by the competent authorities and the panel of eligible persons, who all are fit for promotion to the higher posts is published.

5. The grievances of the writ petitioners in the present writ petitions are that the authorities have not prepared the panel for the year 2020 and 2021, contrarily, they have prepared the panel for the year 2022. Certain guidelines are issued by the Government for preparation of panel. If at all an administrative decision is taken not to fill up the posts or a decision is taken to fill up the posts in either of the case, the competent authority has to record in the file that no panel is prepared or if the panel is prepared, then, it is to be published. Therefor,e in the event of taking a decision not to prepare a panel, the said decision is to be recorded.

6. The employees cannot have right to seek to prepare a panel, as the preparation of panel would arise only if an administrative decision is taken by the authorities to fill up the posts as per the rules. Taking an administrative decision is prerogative of the competent authority and would not fall within the right of the employee. Thus, only if a decision is taken to fill up the vacancy and the process for preparation of panel commence and if the name of eligible persons are not included or if any other grievances are there for the employees then alone the cause would arise, but not otherwise. Thus, non-preparation of panel would not be a grievance for an employee nor such non-preparation would confer any right only when decision is taken to prepare the panel, the consideration becomes right of an employee. Therefore, in the event of taking de