Madras High Court: S.M. Subramaniam, J., expressed that employees cannot seek any direction to fill up the post or claim a promotional post.
What was the relief sought in the present matter?
To direct the respondent to consider petitioner’s representation in connection with the acceptance of reviewed cadre strength by relying upon the vacancy position available during 2019-2020 as expeditiously as possible as to enable him to get his name included in the select list prepared in the said regard.
High Court expressed in the above regard that,
Promotion per se cannot be claimed as a matter of right by the employee.
No doubt, consideration for promotion is a fundamental right of the employee.
Further, the Court added that, administrative prerogative cannot be insisted upon by the employees though they are eligible for promotion/appointment, as the case may be.
The petitioner claimed that he was working as District Revenue Officer and was eligible for the conferment of post in Indian Administrative Service and if Cadre Strength Review Committee has been constituted duly in time, he would be getting an opportunity of securing appointment as I.A.S Officer. However, such a claim is hypothetical in nature.
Bench stated that it cannot make a decision on future events.
“…once a decision is taken by the Authority Competent to prepare a panel for promotion, then all eligible persons are to be included for grant of promotion to the post of I.A.S.”
High Court added that, as far as I.A.S. is concerned, the Central Government has to take a decision and therefore, the petitioner cannot have any right to claim that Cadre Strength Review Meeting is to be conducted for the purpose of granting promotion.
Additionally, the Court observed that mere preparation of panel by the Authority Competent would not be a ground to confer any right on the petitioner to seek a direction against the Government of India to convene a Review Committee Meeting and to prepare a panel.
In the present matter, petitioner had not established even a semblance of legal right to direct the respondent to consider his representation and mere direction to the Authority concerned to consider the representation would do no service to the cause of justice in the absence of establishing any legal right.
The above petition was dismissed on being devoid of merits.[B. Muthuramalingam v. Government of India, 2022 SCC OnLine Mad 1306, decided on 15-3-2022]
Advocates before the Court:
For Petitioner: Mr R. Anand
For Respondent: Ms L. Victoria Gowri, Assistant Solicitor General of India
