Case Note & Summary
The petitioner, Dr. S. J. Kamble, filed a writ petition before the Bombay High Court seeking promotion to the post of Assistant Manager with deemed date and consequential benefits, and a direction to respondent no.1, The New India Assurance Co. Ltd., to maintain a roster for Scheduled Caste/Scheduled Tribe candidates in promotions. The petitioner, a Scheduled Caste employee, was appointed as Assistant Administrative Officer (Veterinary) in 1985 and promoted to Administrative Officer (Veterinary) in 1989. He claimed to be the senior most candidate for promotion to Assistant Manager, placed at serial number 281 in the seniority list of February 1995. The petitioner argued that the respondent, being a Government company, should maintain a roster for SC/ST candidates. The court, after hearing arguments, dismissed the petition, holding that promotion is not a fundamental right and the petitioner failed to establish any legal right or statutory obligation on the respondent to maintain a roster or grant promotion. The court found no merit in the petition and did not issue any directions.
Headnote
A) Service Law - Promotion - No Fundamental Right - The petitioner, a Scheduled Caste employee, sought promotion to Assistant Manager and direction to maintain SC/ST roster. The court held that promotion is not a fundamental right and the petitioner failed to establish any legal right or statutory obligation on the respondent to maintain roster or grant promotion. (Paras 1-3) B) Companies Act, 1956 - Government Company - Roster Maintenance - The respondent being a Government company is not bound to maintain roster for SC/ST in promotions in absence of any statutory or contractual provision. The court found no merit in the petition. (Paras 2-3)
Issue of Consideration
Whether the petitioner is entitled to promotion to the post of Assistant Manager with deemed date and benefits, and whether the respondent insurance company is required to maintain a roster for Scheduled Caste/Scheduled Tribe candidates in promotions.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Promotion is not a fundamental right
- no legal right to roster maintenance in absence of statutory rules
- seniority alone does not entitle promotion
- writ petition not maintainable for contractual matters
