The Jharkhand High Court recently issued a significant ruling regarding employee promotions. It clarified that while promotion is not an inherent right, the right to be considered for promotion arises when an employee’s juniors are under consideration.
The case arose from a writ petition filed by an employee who sought a directive from the Court to the state government, requesting a review of his promotion to the position of assistant engineer.
In the petition, the employee argued that despite his eligibility for the promotion, his application was overlooked due to the absence of his Annual Confidential Report (ACR). The Departmental Promotion Committee (DPC) was unable to evaluate his case without this crucial document.
The petitioner further contended that the responsibility for maintaining the ACR rests with the state or department and not with the employee. He emphasised that his entire service record had been exemplary, and there were no adverse remarks against him. Given these circumstances, he urged the Court to direct the state to consider his promotion from the date when his juniors were promoted.
The Court carefully examined the arguments presented. It recognised that while promotion is not an automatic or inherent right of an employee, the right to be considered for promotion becomes significant when the employee’s juniors are being considered for the same. The Court observed that the state had failed to consider the petitioner’s case solely due to the unavailability of the ACR, a document that the department or state is responsible for maintaining.
The Court noted that it was not the petitioner’s fault that the ACR was missing, and there were no adverse remarks that could have justified the denial of his promotion. As a result, the Court directed the state government to consider the petitioner’s case for promotion from the date his juniors were promoted to the position of assistant engineer. This consideration was to be made, provided there were no other legal impediments and the petitioner met all eligibility criteria for the promotion.
Additionally, the Court mandated that the state government complete the process within four weeks from the receipt of the order, ensuring that the petitioner’s case would be reviewed promptly.
