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There is no right to promotion for Govt servants, says HC


Addition of feeder categories and fixing of ratio for promotion by providing compartmental promotion, as per the above GO, was now under challenge


Our Legal Correspondent

Chennai, Nov. 30

Government servants had a right only to be considered for promotion, and there was no right to promotion itself, the Madras High Court has held.

Merely because chances of promotion of junior draughting officers were reduced following amendment of Special Rules by GO of Highways Dept dated,June 28, 2007, as contended by officers, that would not violate the Article 14 of the Constitution of India.

Draughting officers

Petitioners, who were all working as draughting officers, contended that by the impugned order, the State Government had dispensed with ‘recruitment by transfer’ as a source of recruitment.

This left out only two methods – direct recruitment and promotion from various feeder categories.

Addition of feeder categories as well as fixing of ratio for promotion by providing compartmental promotion, as per the above GO, was now under challenge.

Special Rules

The challenge to amendment of Special Rules was made on ground that while fixing ratio, total number of persons available under each feeder category had not been scientifically taken into account, and this had reduced promotion chances of junior draughting officers.

By inclusion of feeder category such as road inspector, which post was already held by petitioners, undue weightage was given in respect of road inspectors.

Feeder categories

The Judge ruled that according to petitioners, by inclusion of additional feeder categories, as also by providing compartmental promotion, only chances of promotion had been reduced.

Citing a Supreme Court judgement reported in 1990 1 SCC 411, Judge said that framing of rules in regard to promotion was a matter of policy, and it was open to Government to modify the qualification for a post from time to time.

Hence, all writ petition were misconceived, and they were dismissed.

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