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S. M. SUBRAMANIAM
I. Subramanian – Appellant
Versus
Secretary to Government Public Works Department Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India praying for an issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order of the respondent herein passed in Letter No.24571/A1/2012~10 dated 10.01.2014 rejecting the petitioner-s request for notional promotion as Superintending Engineer and Chief Engineer for the year 2003~2004 and Quash the same and consequently, direct the respondent herein to promote the petitioner notionally as Superintending Engineer and Chief Engineer from 04.02.2003 with all consequential service benefits including revision of pension and retirement benefits.
The order impugned dated 10.01.2014 states that the petitioner was eligible for inclusion in the approved list of Superintending Engineer for the year 2003 – 2004. However, the panel in the year 2003~2004 was approved on 25.06.2003 and the writ petitioner retired from service on 30.04.2003, before the publication of the approved panel. Though the petitioner was found eligible for promotion, his case could not be considered by the competent authorities in view of the fact that as on the date of publication of panel for promotion
Consideration for promotion is a fundamental right of an employee, and promotions cannot be claimed as an absolute right.
No absolute right to promotion post-superannuation; must challenge during service despite right to consideration.
The right to be considered for promotion is fundamental, but there is no absolute right to promotion itself; promotions are effective only upon assuming duties.
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
Service Law - Superannuated from service - Departmental Promotion Committee - Petitioner approached CAT after more than 2 years of his superannuation and when still in service and though eligible for....
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