The supreme court ruled on friday that an employee had the right to be considered for promotion unless they were disqualified, even though they did not have the right to be promoted. A tamil Nadu police constable who was upset that his elevation to the position of sub-inspector had not been considered filed an appeal with a bench of Justices Sudhanshu Dhulia and K Vinod Chandran.
"It is trite that the employee has no right to be promoted but has a right to be considered, when selections for promotions are carried out, unless disqualified; which right has been impinged, unjustly, in the above case," it continued.
The supreme court noted that he had been subject to criminal and administrative proceedings for allegedly beating a coworker while they were assigned to a checkpoint.
It pointed out that although the appellant was arrested in the criminal case but was ultimately found not guilty, the government overturned the 2009 departmental procedures' sentence.
The police supervisor, however, stated that the appellant was not considered for promotion since he was disqualified according to the regulations due to a May 2005 punishment that delayed his next increment for a year without cumulative effect. The bench ruled in november 2009 that the appellant's punishment was invalid due to interference.
"In such circumstances, the appellant could not have been disentitled from a consideration in the year 2019," the court's ruling stated.
It stated, "In the above circumstances we think that the appellant must be considered for promotion, dehors any disentitlement due to his having become overaged." Since it was not his fault that the authority rejected his consideration for promotion based on a punishment that had previously been set aside, the bench stated that consideration would be given, and if he is deemed suitable, he will be promoted starting in 2019 and receive any resulting benefits.
The man's appeal against an october 2023 madras high court ruling that rejected his request to be considered for promotion as an in-service candidate was granted by the bench.
When a notification was released in 2019 to consider qualified constables for in-service promotion under the 20 percent departmental quota, the supreme court ruled that he was eligible for consideration because he had been appointed in march 2002.
"It is trite that the employee has no right to be promoted but has a right to be considered, when selections for promotions are carried out, unless disqualified; which right has been impinged, unjustly, in the above case," it continued.
The supreme court noted that he had been subject to criminal and administrative proceedings for allegedly beating a coworker while they were assigned to a checkpoint.
It pointed out that although the appellant was arrested in the criminal case but was ultimately found not guilty, the government overturned the 2009 departmental procedures' sentence.
The police supervisor, however, stated that the appellant was not considered for promotion since he was disqualified according to the regulations due to a May 2005 punishment that delayed his next increment for a year without cumulative effect. The bench ruled in november 2009 that the appellant's punishment was invalid due to interference.
"In such circumstances, the appellant could not have been disentitled from a consideration in the year 2019," the court's ruling stated.
It stated, "In the above circumstances we think that the appellant must be considered for promotion, dehors any disentitlement due to his having become overaged." Since it was not his fault that the authority rejected his consideration for promotion based on a punishment that had previously been set aside, the bench stated that consideration would be given, and if he is deemed suitable, he will be promoted starting in 2019 and receive any resulting benefits.
The man's appeal against an october 2023 madras high court ruling that rejected his request to be considered for promotion as an in-service candidate was granted by the bench.
When a notification was released in 2019 to consider qualified constables for in-service promotion under the 20 percent departmental quota, the supreme court ruled that he was eligible for consideration because he had been appointed in march 2002.
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