Promotion not an Inherent Right, but Right to be Considered arises when Juniors Promoted: Jharkhand HC [Read Order]

Jharkhand: The Jharkhand High Court has delivered a significant order clarifying that while promotion is not an inherent right of an employee, the right to be considered for promotion arises when juniors are considered for the same.

Justice Deepak Roshan passed the order while hearing a writ petition filed by Daya Ram, who sought a directive for the consideration of his case for promotion to the post of Assistant Engineer.

The court noted that the petitioner’s case was not considered for promotion due to the non-availability of his Annual Confidential Report (ACR). Rejecting this ground, the court observed, “Admittedly, the custodian of the ACR is the Department/State, and it is not supposed to keep the ACR with the employee. It is also not a case of the respondents that there is any adverse remark against the petitioner.”

Expressing its view on the right to be considered for promotion, the court stated, “Though promotion is not a right of an employee, the right to consideration accrues when a junior to the concerned employee has been considered for promotion.”

The court directed the State to consider the petitioner’s case for promotion from the date his juniors were promoted to the post of Assistant Engineer, subject to there being no other legal impediment and the fulfillment of all eligibility criteria.

Emphasizing the need for prompt action, the court ordered, “Let the entire exercise be completed within a period of four weeks from the date of receipt of a copy of this order.”

In conclusion, while clarifying that promotion itself is not a right, the court upheld an employee’s right to be considered for promotion when juniors are promoted and directed the State to expeditiously consider the petitioner’s case for promotion.

[Read Order]