In a significant ruling that could impact employees across both public and private sectors, the Supreme Court of India has clarified that promotion is not a guaranteed right for any employee. The verdict came during a hearing on a petition filed by a police constable from Tamil Nadu, who had challenged the denial of his promotion.
The judgment was delivered by a bench comprising Justice Sudhanshu Dhulia and Justice K. Vinod Chandran, who stated:
"Promotion is not a right for any employee. However, he does have the right to have his name considered for promotion until he is found ineligible."
The petitioner, a police constable, had previously approached the Madras High Court, requesting it to direct the state police department to consider his name for promotion to the post of Sub-Inspector. However, the High Court had dismissed his plea, stating there was no procedural lapse in the decision not to promote him.
Feeling aggrieved, the constable then moved the Supreme Court, arguing that he was entitled to promotion based on his service record and performance.
In its detailed observation, the Supreme Court reiterated a long-standing principle in employment law:
"It is a common practice that an employee does not have an inherent right to promotion. However, every employee has the right to have his candidature fairly considered as part of the promotion process until he is officially declared ineligible."
The court emphasized that while performance and eligibility are essential, promotion ultimately lies within the purview of the employer’s discretion, following established procedures and criteria.
This ruling reinforces the distinction between expectation and entitlement in service jurisprudence. While employees may aspire for advancement based on merit and dedication, they cannot demand promotion as a matter of right.
The judgment is expected to serve as a precedent for future service-related disputes, particularly within government and public sector employment, where such issues frequently arise.