Case Note & Summary
The writ petition was filed by the Union of India, through the Central Board of Excise and Customs, challenging an order of the Central Administrative Tribunal, Chennai Bench, which directed consideration of the respondent’s name for notional promotion to the post of Joint Commissioner. The respondent, who had served as Assistant Commissioner and was retrospectively promoted to Deputy Commissioner with effect from 10 December 2006, retired on 30 April 2013. The Departmental Promotion Committee for promotion to Joint Commissioner was not convened while the respondent was in service; the process commenced in December 2012 but was completed only in December 2013, after his retirement. None of his juniors had been promoted to the post of Joint Commissioner by the date of his retirement. The respondent approached the Tribunal, which allowed his Original Application and directed the authorities to consider him for notional promotion. The Union contended before the High Court that promotion cannot be claimed as a matter of right and that consideration arises only when a vacancy is notified and a Departmental Promotion Committee is convened, which did not happen before the respondent’s retirement. The respondent argued that administrative delay caused denial of opportunity and the Tribunal had correctly granted relief. The High Court, after considering the rival submissions, held that promotions are not a vested right and the right to consideration is contingent upon the employer taking a decision to fill the promotional post and actually putting the process in motion. Since the Departmental Promotion Committee had not been convened while the respondent was in service and no junior was promoted before his retirement, the claim for notional promotion was untenable. The Court further observed that delay in convening the Departmental Promotion Committee does not confer any right on an employee for promotion. Accordingly, the order of the Tribunal was set aside, the writ petition was allowed, and no costs were awarded. The connected miscellaneous petition was closed.
Headnote
A) Service Law - Promotion - Right to Consideration Arises Only When Process Initiated - No Specific Statute - The respondent retired before the Departmental Promotion Committee was convened; no junior was promoted before his retirement. Held, promotion is not a vested right; consideration is a right that arises only upon administrative decision to fill the post. The Tribunal's direction to consider for notional promotion was set aside. (Paras 5-6)
Issue of Consideration
Whether the Central Administrative Tribunal was correct in directing the Union to consider the respondent for notional promotion to the post of Joint Commissioner, despite the fact that the Departmental Promotion Committee had not been convened while the respondent was in service and no junior had been promoted before his retirement
Final Decision
Writ petition allowed; order of the Central Administrative Tribunal dated 08.01.2024 in O.A.No.1554 of 2015 set aside; no costs; connected miscellaneous petition closed.
Law Points
- Legal points not extracted
- Promotions cannot be claimed as a vested right
- consideration for promotion is a right that arises only when administrative decision is taken to fill up promotional post
- delay in convening Departmental Promotion Committee does not confer right for promotion
- claim for notional promotion is untenable if no junior was promoted before retirement
