Consideration for promotion is a facet of the fundamental right, and eligible candidates cannot be denied promotion if vacancies are available: Gujarat High Court

Case: Syed Habibur Rahman v. The State of Assam & 2 Ors.

Coram: Justice Suman Shyam

Case No.: WP(C)/688/2014

Court Observation: “Law is well settled that the right to be considered for promotion is a facet of a fundamental right. If there are vacancies available for being filled up by way of promotion and there are eligible departmental candidates who have a right to be considered for promotion to such posts, the authorities cannot deny such candidates, coming within the zone of consideration, an opportunity of being promoted and thereby deprive them not only of the satisfaction of career progression but also the consequential pecuniary benefits.”

“Firstly, after re-designation/ bifurcation of the post of District Fisheries Development Officers by creation of posts of Addl. District Fisheries Development Officers, there were certain anomalies coming in the way of consideration of candidates for promotion to the post of Sub-Divisional Fisheries Development Officers (SDFDO), as a result of which, no regular promotion could be given to the eligible candidates. Secondly, there was delay in regularization of the promotion given to the petitioner in the post of SDFDO. The reasons cited in the order dated 30-12-2013, in the considered opinion of this Court, cannot be treated as valid grounds to deny promotion to the petitioner,”

“In the present case, there is no doubt or dispute about the fact that the Service Rule is yet to be framed and therefore, the condition of service of the departmental candidates are being governed by the previsions of the Assam Fisheries Service (Recruitment and Promotion) Orders, 1989. However, it appears that as per the provisions of the Orders of 1989, the writ petitioner was eligible for being considered for promotion. Yet, he was not promoted while in service.”

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Keywords

Consideration for promotion is a facet of the fundamental right