Case Note & Summary
The petitioner, Sreekumar G., filed a writ petition before the Bombay High Court seeking to quash an order dated 28.06.2013 and to declare that his ad-hoc promotion to junior scale in the accounts department of Konkan Railway Corporation Ltd. with effect from 28.03.2005 should be treated as regular service, entitling him to further promotion with consequential benefits. The petitioner had been promoted on an ad-hoc basis and later absorbed, but his subsequent promotion to senior scale was denied. The respondents, Konkan Railway Corporation Ltd. and others, opposed the petition, arguing that the petitioner's promotion was ad-hoc and not regular, and that no rules or policies supported his claim. The court, after hearing arguments, noted that the petitioner had not placed any rule, regulation, or promotion policy before the court to establish a legal right to regularisation or further promotion. The court observed that in the absence of such legal foundation, a writ of mandamus could not be issued. The court dismissed the petition, holding that the petitioner failed to make out any case for interference. The court also disposed of the connected civil application.
Headnote
A) Service Law - Promotion - Regularisation - Ad-hoc Promotion - The petitioner sought to treat his ad-hoc promotion as regular service for further promotion. The court held that without any rule, regulation, or promotion policy, the petitioner cannot claim regularisation or further promotion as a matter of right. The court found no legal basis to issue a writ of mandamus. (Paras 1-13) B) Constitutional Law - Writ Jurisdiction - Mandamus - The court reiterated that a writ of mandamus can only be issued when there is a legal right and corresponding legal duty. In the absence of any rule or policy, the petitioner failed to establish any such right. (Paras 10-13)
Issue of Consideration
Whether the petitioner's ad-hoc promotion from 28.03.2005 in junior scale in the accounts department of Konkan Railway Corporation Ltd. should be treated as regular service for all purposes, entitling him to further promotion with consequential benefits.
Final Decision
The writ petition is dismissed. Rule discharged. No costs. Civil Application (ST) No. 28302 of 2017 also disposed of.
Law Points
- Ad-hoc promotion does not confer right to regularisation
- Promotion policy must be based on rules and regulations
- Writ of mandamus cannot be issued without legal right
