AI Overview...
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Preparation of Promotion Panel - Not a mandatory process every year; its preparation is crucial for employees to acquire a right to consideration for promotion. Delay or absence of panel does not automatically entitle employees to promotion or enforceable rights, but it may impact their opportunity for promotion R. Padmavathy VS State Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai - Madras.
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Employee Rights and Promotion - Consideration for promotion is a fundamental right, which accrues once a panel is prepared. Mere chance of promotion is not a fundamental right, but the right to be considered for promotion is protected under Article 16 of the Constitution. The absence of a prepared panel can nullify the employee's right to promotion P.GOMATHI vs THE STATE OF TAMIL NADU - Madras, Rashid Yahya Naqash VS Union of India - Jammu and Kashmir.
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Legal Status of Panel Preparation - Court decisions suggest that the preparation of panels is a procedural requirement rather than an absolute obligation. Delay or failure to prepare panels can lead to legal challenges, but courts have emphasized that promotion itself is not an absolute right unless the panel is properly prepared and the employee is considered S. Pon Jayaraman VS Secretary to Government, Home (Police II) Department, Chennai - Madras, Rashid Yahya Naqash VS Union of India - Jammu and Kashmir.
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Fundamental Rights and Equality - Employees do not have a fundamental right to appointment, but the state must act non-arbitrarily and ensure equality in employment opportunities, including the proper preparation and consideration of promotion panels Amrit Yadav VS State Of Jharkhand - Supreme Court.
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Retirement and Pension Rights - Pension has attained the status of a fundamental right under Article 21, and withholding retiral benefits without legal authority is unjustified. Delay in disbursing pension or other benefits violates constitutional protections ABDUL KUDDUS KHAN VS STATE OF U. P. - Allahabad.
Analysis and Conclusion:
Preparation of a promotion panel is a procedural step that influences an employee’s right to consideration for promotion. While promotion itself is not an absolute right, employees have a right to fair consideration, which depends on the proper and timely preparation of panels. Delays or failure to prepare panels can be challenged legally, but they do not automatically confer a right to promotion. The courts emphasize fairness, non-arbitrariness, and adherence to due process, with pension and retiral benefits recognized as fundamental rights. Overall, the preparation of a panel is essential for employees to exercise their right to promotion consideration, but it is not a standalone fundamental right in itself.
Search Results for "Whether Preparation of Pannel is a Fundamental Right of an Employee"
2022 0 Supreme(Mad) 732 • India - Madras
S.M.SUBRAMANIAM
Issues: Delay in panel preparation, entitlement to notional promotion, and the right to consideration for promotion. ... preparation. ... The court considered the delay in panel preparation and the petitioner's retirement before his juniors' promotions. ... The next question would be whether an employee gets a right to seek a direction against the competent authority in the matter of preparation of panel....
2013 0 Supreme(Kar) 1271 • India - Karnataka
ASHOK B.HINCHIGERI
of 17 Universities, en masse - Government not assigned any reason for withdrawal - Held, The petitioners have no legally vested right ... In the said reported case, the District Government Counsel were appointed following the issuance of the Notification, prescription of the qualifications and experience, preparation of the panel, etc. ... The following two questions arise for my consideration: ... (i) Whether Section 39(1) of the said Act is liable to be struck down? ... (ii) Whether the impugned Orde....
2022 0 Supreme(Mad) 1358 • India - Madras
S. M. SUBRAMANIAM
Mandamus - Promotion Panel Preparation - The court held that the preparation of a promotion panel is not mandatory for every year ... Issues: The main issue was whether the court could direct the authorities to prepare a promotion panel for specific academic ... Finding of the Court: The court held that the preparation of a promotion panel is not mandatory for every year and ... The right of an employee for prom....
2019 0 Supreme(Pat) 878 • India - Patna
CHAKRADHARI SHARAN SINGH
preparation of a panel of daily wage employees only by giving them first, second and third preference and those who did not have ... opportunity to work as daily wage employee are to be placed at bottom of panel whose merit will depend on respective dates of their ... denial of equal opportunity for citizens to participate in process of selection for appointment against Class-IV posts under State, whether ... There is no other criteria prescribed for preparation of #H....
2023 Supreme(Online)(MAD) 34788 • India - Madurai Bench of Madras High Court
Promotion per se is not an absolute right of an employee. Consideration for promotion is a fundamental right of an employee. ... Only when the panel is prepared, the right to consider accrues and therefore, preparation of 'Nil' panel would not provide any right ... No employee can claim promotion as a matter of right and only when the panel is prepared, the name....
2016 0 Supreme(All) 663 • India - Allahabad
DEVENDRA KUMAR ARORA
Retirement Benefits Rules, 1961 not applicable to Government Employees, who enter in services of State Government on 1.4.2005 or ... be scrapped by competent authority alongwith entire process that culminated in preparation of such a panel. ... For the reasons aforesaid, petitioners have failed to establish infringement of any fundamental right or statutory right so as to warrant interference under Article 226 of the Constitution of India and the writ petition is liable to be dismissed....
2019 0 Supreme(J&K) 24 • India - Jammu and Kashmir
of 1966 read with Regulation 5 of IFS (Appointment by Promotion) Regulations of 1966-Although mere chance of promotion is not a fundamental ... right, but right to be considered therefore is-Any policy whereby all promotional avenues to be promoted in respect of a category ... of employees for all time to come cannot be nullified and same would be hit by Article 16 of Constitution of India-As a model Employer ... ... Although mere chance of promotion is not a fundamental rig....
2025 2 Supreme 457 • India - Supreme Court
PANKAJ MITHAL, SANDEEP MEHTA
right to equality – While no person can claim a fundamental right to appointment, it does not mean that State can be allowed to ... (2) Whether direction issued by High Court vide order dated 12th September, 2018 was justified considering ... Facts of the case: Core issues presented for adjudication in these appeals are: - (1) Whether ... Arbitrariness in public employment goes to the very root of the fundamental right to equality. While no person can claim a #HL_STA....
1998 0 Supreme(AP) 325 • India - Andhra Pradesh
S.S.HUSSAINI, UMESH C.BANERJEE
of the Banks whose names are included in the panel – But, in the instant case neither there is an order of any Court nor there is ... the investigation and settlement of industrial disputes – Legislation is enacted to ensure social justice to both employers and employees ... Held, Bank is under an obligation to comply with the terms of the settlements as per the order of this Court and to promote the employees ... Whether the contract labourers have become the employees of the principal employ....
2011 0 Supreme(All) 499 • India - Allahabad
SUDHIR AGARWAL
without any authority of law—Withholding retiral benefits is pretext of circular dated 2.6.2008—Pension has attained the status of a fundamental ... right—Delay on part of respondent No. 5 also unexplained—More than five years delay is wholly unreasonable—Withholding of such dues ... Today, one cannot dispute that pension has attained the status of fundamental right, a facet of right to earn livelihood enshrined under Article 21 of the Constitution. ... Time and again, this Court has expressed its conce....
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