"Promotion, A Fundamental Right", Says Supreme Court (Download Judgment) - Live Law

12/10/2014 Promotion, a Fundamental Right, says Supreme Court [Download Judgment] | Live Law
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Promotion, a Fundamental Right, says Supreme Court [Download Judgment]
On January 13, 2014 by Live Law News Network
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Eligible candidates have a fundamental right to be considered for promotion against the available vacancy and promoted if
adjudged suitable says Supreme Court. A Bench of Justices AK Patnailk and JS Khehar set aside as invalid the order of the
Cabinets appointment committee not accepting the recommendation of a selection board to promote Major General HM Singh as
Lt General.
The apex court was addressing the question whether the non-consideration of Maj Gen Singhs claim would violate the
fundamental rights vested in him under Articles 14 and 16 of the Constitution of India. Answering its query in affirmative, with
a rider that it was subject to authorities being desirous of filling the vacancy of a Lt Gens post when it became available on Jan 1,
2007, the court said that in the case of Maj Gen Singh, the authorities were desirous of filling up the said vacancy in the Defence
Research and Development Organisation (DRDO). The court rejected the governments plea that at the time of considering
Maj.Gen. Singh for promotion, he was on extension of service.
Granting promotion to Maj Gen Singh as Lt. Gen. from the date due to him, the court said that he would be treated as being on
service till Feb 28, 2009 when he would have attained the age of 60 years, and would be entitled to all monetary benefits which
would have been due to him, on account of his promotion to the rank of Lt Gen till his retirement on superannuation, as also, to
revised retirement benefits which would have accrued to him on account of such promotion.
The court also directed the government to release the monetary benefits to
Maj Gen Singh within three months from the date of the receipt of the
certified copy of its judgment.
Relevant extracts from the judgment are as follows
The factual position depicted in the counter affidavit reveals, that the
respondents indeed were desirous of filling up the said vacancy. In the
above view of the matter, if the appellant was the senior most serving
Major General eligible for consideration (which he undoubtedly was), he
most definitely had the fundamental right of being considered against the
above vacancy, and also the fundamental right of being promoted if he
was adjudged suitable. Failing which, he would be deprived of his
fundamental right of equality before the law and equal protection of the
laws, extended by Article 14 of the Constitution of India.
The action of the authorities in depriving the appellant due consideration
for promotion to the rank of the Lieutenant General, would have resulted in violation of his fundamental right under Article 14 of
the Constitution of India. Such an action at the hands of the respondents would unquestionably have been arbitrary.

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Tagged
Article 14
Article 16
Constitution of India
Fundamental Right
Supreme Court
5 thoughts on Promotion, a Fundamental Right, says Supreme Court [Download Judgment]
1. SatchidanandamAugust 13, 2014 at 1:37 pm
Whether Union Territories are empowered to create Group B posts and finalise the Recruitment Rules without the approval
of the Government of India, UPSC, DOPT, etc. Whether any specific powers delegated to the Governor of UTs to exercise
such powers. Kindly elucidate.
Reply
2. sunil kumar yadavAugust 6, 2014 at 10:49 am
this judgement help me for my promotion.
Reply
3. B.S.HonnaswamyJanuary 13, 2014 at 7:42 pm
the above judgement helps to the judicial oficer.
Reply
M L DIXITJune 10, 2014 at 2:39 pm
I am due for promotion on 08.10.2008 to the cadre of Accounts Officer in Bharat Sanchar Nigam Limited but I made
accuse by conspiracy made by Sri S Balasubramanian, CAO in BSNL, Mumbai on 27.03.2008. Case are filed in
Session court Mumbai by CBI, Mumbai. Till today cases are pending in Mumbai Session Court. CBI is not cooperate
for decision . Please guide me how I can get my promotion from 08.10.2008.
Reply
sunil kumar yadavAugust 6, 2014 at 10:46 am
i am working in mvvnl LESA. my promotional time & qualifition fulfill for promotin change .but i have not take a
chance for promotion.
Reply
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"Promotion, A Fundamental Right", Says Supreme Court (Download Judgment) - Live Law

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