While promotion is not an absolute right, the right to be considered for promotion in accordance with established service rules is a fundamental entitlement. Public employers must strictly adhere to prescribed recruitment processes and evaluate eligible in-service candidates for vacancies earmarked under those rules.

JUDGMENT :

S.M. SUBRAMANIAM, J.

By consent, the present writ appeal is taken up for final disposal.

2. The writ petitioners are the appellants in the present intra-Court appeal. The relief sought for in the writ petition is to direct the official respondents to consider the case of the appellants for promotion to the post of Work Inspector as per the Rules.

3. The writ Court dismissed the writ petition mainly on the ground of locus standi.

4. The learned counsel for the appellants would mainly contend that the appellants were initially appointed as Gangmen and the next avenue for promotion available to them is the post of Work Inspector. As per G.O.Ms.No.31 dated 31.12.2025, the Rules regulating the method of recruitment to the post of Work Inspector in the Municipalities and Commune Panchayats of the Union Territory of Puducherry were issued. The method of recruitment, age limit and other qualifications are prescribed therein.

5. The learned counsel for the appellants would further contend that the Rules provide 20% of the vacancies to be filled by promotion from among eligible persons holding the post of Gangman. Therefore, the appellants are eligible for promotion to the post of Work Inspector. Instead of considering the appellants for promotion, the official respondents are proceeding to appoint fresh candidates through direct recruitment for the post of Work Inspector.

6. The promotion per se cannot be claimed as an absolute right. However, consideration for promotion is a fundamental right of an employee. Whenever the Rules contemplate recruitment by promotion / direct recruitment, such Rules are binding on the employer and the cases of in-service employees are required to be considered for promotion in consonance with the Rules in force. The grievance of the appellants is that they have not even been considered for promotion to the post of Work Inspector in accordance with the Service Rules in force.

7. That being the factum, this Court is inclined to consider the present writ appeal. Accordingly, the writ order impugned dated 16.02.2026 made in W.P.No.28125 of 2015 is set aside. The official respondents 1 to 3 are directed to consider the case of the appellants for promotion to the post of Work Inspector strictly in accordance with the recruitment Rules applicable for the post of Work Inspector in the Municipalities and Commune Panchayats, based on eligibility and by following the other criteria prescribed for such promotion. The appellants shall be considered against the vacancies earmarked for the promotion from the cadre of Gangmen to the post of Work Inspector in accordance with the Rules.

8. With the above directions, the Writ Appeal stands allowed. Consequently, connected miscellaneous petition is closed. No costs.