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HARSIMRAN SINGH SETHI
Bhagwanti – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Harsimran Singh Sethi, J. (Oral)
In the present writ petition, the grievance of the petitioner is that while the petitioner was working on the post of Accountant, the petitioner became eligible for promotion to the post of Superintendent and the post of Superintendent became available w.e.f., 01.03.2013 and the petitioner was fully eligible for promotion but the said benefit of promotion was not given to her and ultimately, the petitioner retired from service on attaining the age of superannuation hence, once the petitioner became eligible for promotion to the post of Superintendent while in service, the respondents are under an obligation to promote the petitioner on the said post with retrospective effect.
2. Learned State counsel submits that the promotion cannot be claimed as a matter of right and it is not the case of the petitioner that anybody who was junior to the petitioner, has been promoted to the post of Superintendent during the service career of the petitioner hence, the claim of the petitioner as being raised in the present writ petition, is liable to be rejected.
3. I have heard learned counsel for the parties and have gone through the record with their able
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
The claim for promotion is not a right and the promotions are to be made at the discretion of the employer as and when the employer feels the requirement of the same.
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.
Consideration for promotion is a fundamental right of an employee, and promotions cannot be claimed as an absolute right.
Promotion cannot be claimed as a matter of right by an employee, but consideration for promotion is a Fundamental Right.
The right to be considered for promotion is fundamental, but promotion is effective only upon assuming duties, and retrospective promotions are impermissible.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
Government servants are entitled to promotion based on seniority and vacancy availability; there is no automatic right to promotion without these conditions being met.
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