The government holds the authority to determine the applicability of rules for promotion within its department; courts cannot exercise judicial review in this matter: Kerala High Court

Case: Ranjith Kumar K.V. & Ors. v. State of Kerala & Ors.

Coram: Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen

Case No.: OP (KAT) 189/ 2016

Court Observation: “…no employee has a vested right for consideration for promotion. The right of employees for promotion is based on extant rule as on the date of consideration for promotion. The Government has every right to take a decision as to the applicability of the rule which would govern the promotion. If the Government takes a conscious decision that the vacancies which arose prior to the amended rules will have to be filled in accordance with the unamended rules, the Court cannot sit on judicial review to overturn the wisdom of the Government,”

“In view of the fact that the Government had taken conscious decision to fill the vacancies in accordance with the unamended rules, this Court cannot interfere with the decision of the Government,”

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Keywords

The government holds the authority to determine the applicability of rules