Case Note & Summary
The writ petition was filed by Joaquim Francis Tellis (since deceased, represented by his legal heirs) under Article 226 of the Constitution of India before the Bombay High Court. The petitioner joined the International Airports Authority of India (respondent No.1) in 1976 and was promoted as Deputy General Manager (Operations) in 1986. By an office order dated November 27, 1990, he was promoted on an officiating basis as General Manager (Operations) and posted at headquarters in New Delhi. The petitioner made representations on November 30, 1990 and January 2, 1991 to the Chairman, raising a grievance that he ought to have been given regular promotion to the post of General Manager (Operations) and that his junior had been promoted to that post on a regular basis, while he was only given officiating promotion, which he considered humiliating. The petitioner was asked to continue at Bombay as officiating General Manager (Operations). The legal issue was whether the petitioner had a right to regular promotion and whether the denial was arbitrary. The court analyzed that officiating promotion does not create a right to regular promotion, and the employer has discretion in making regular promotions based on rules and suitability. The court found no violation of any fundamental right and dismissed the writ petition. The judgment was delivered by R.M. Lodha and J.P. Devadhar, JJ. on July 22, 2005.
Headnote
A) Service Law - Promotion - Officiating Promotion - Right to Regular Promotion - The petitioner, a Deputy General Manager, was promoted on officiating basis as General Manager (Operations) but claimed he ought to have been given regular promotion. The court held that officiating promotion does not confer a right to regular promotion and the employer has discretion in making regular promotions based on suitability and rules. The writ petition was dismissed as no fundamental right was violated. (Paras 1-3)
Issue of Consideration
Whether the petitioner was entitled to regular promotion to the post of General Manager (Operations) and whether the denial of such promotion was arbitrary and violative of Article 14 of the Constitution of India.
Final Decision
The writ petition was dismissed. The court held that officiating promotion does not confer a right to regular promotion and the employer has discretion in making regular promotions. No fundamental right was violated.
Law Points
- Article 226 of the Constitution of India
- Promotion on officiating basis does not confer right to regular promotion
- No fundamental right to promotion
- Writ petition dismissed for lack of merit
