Is promotion a fundamental right of an employee? Punjab-Haryana High Court clarified the law

Punjab:Punjab and Haryana High Court has given a big decision in an important case related to promotion of employees. The court has clarified that promotion is neither a fundamental right nor an inherent right of any employee. However, it is definitely the employee’s right to be considered for promotion.

This decision came on the petition of a woman officer from Patiala, who challenged her denial of promotion to a senior post. The High Court upheld the department’s decision and rejected his promotion petition, but gave partial relief to another demand.

what was the whole matter

The petitioner woman started her service in the Town and Country Planning Department of Punjab in the year 1990. During her service, she kept getting promotions from time to time and till the year 2023 she remained working on the post of District Town Planner. While holding this post, she became eligible for Senior Town Planner.

Despite this, his name was not further considered for promotion. It was argued by the department that during her service period, the woman officer had submitted a certificate related to disability, in which her temporary hearing disability was stated to be 41 percent. He had presented this certificate for the benefits given to disabled employees, such as the retirement age being 60 years instead of 58.

Doubt arising from two certificates

Later the petitioner submitted another certificate, in which hearing disability was stated to be 53 percent and permanent disability. The department became suspicious after two different certificates surfaced.

During the investigation of the case, the medical board declared the disability to be temporary. After this, the authorities refused to recognize the woman officer as a disabled employee and it was decided to retire her at the age of 58.

what did the high court say

This case was heard by Justice Namit Kumar. According to media reports, the court said,"According to law, promotion is neither an inherent right nor a fundamental right. It is a fundamental right to have your name considered for promotion. There is nothing wrong in the respondents not promoting the petitioner to the post of Senior Town Planner."

The court made it clear that the department had taken the decision within the ambit of law and no error was found in not giving promotion.

Partial relief regarding allowances

However, the court also accepted that during her service period, the petitioner woman was given the responsibility of Senior Town Planner. On this basis, the court accepted his petition regarding allowances and payments received while assuming charge.