Promotion cannot be claimed as matter of right by employee: Madras High Court

The Madurai Bench of the Madras High Court reiterated recently that promotion cannot be claimed as a matter of right by an employee [B Muthuramalingam v. The Secretary]..Justice SM Subramaniam, while acknowledging that consideration for promotion is a fundamental right of the employee, stated that the question for consideration would only arise if an administrative decision is taken to prepare a panel of eligible persons.“The rights of the employee are restricted only if an administrative decision is taken by the Authorities Competent to prepare a panel while considering the eligible candidates for promotion,” the Court said..The petitioner had moved the Court for consideration and disposal of his representation regarding the acceptance of reviewed cadre strength as expeditiously as possible so as to enable him to get his name included in the select list.The petitioner claimed that he was eligible for a post in the Indian Administrative Service (IAS) and if a Cadre Strength Review Committee is constituted duly in time, he would get an opportunity of securing appointment as IAS officer..However, Justice Subramaniam said that such a claim was hypothetical in nature and the High Court could not take decisions in respect of future events. The Court further found that the Central government has to take a decision in this regard and the petitioner does not have any right to claim that a Cadre Strength Review Meeting should be conducted for the purpose of granting promotion..Finding that in the absence of establishing any service rights, High Court could not issue any direction even to consider the representation, the writ petition was dismissed.“Mere issuance of a direction to consider the representation would not do any service to the cause of justice, contrarily, it would lead to multiplicity of proceedings and ultimately, the litigant cannot get a proper remedy,” the single-judge ruled..Advocate R Anand appeared for the petitioner while the Assistant Solicitor General of India L Victoria Gowri represented the respondent.[Read Order]