Promotion a fundamental right, SC says-
Times of India 12.01.2014
NEW DELHI: The Supreme Court has said that an eligible candidate has a fundamental right to be considered for promotion against the available vacancy and promoted if adjudged suitable.
The ruling from a bench of Justices AK Patnailk and JS Khehar came as they set aside as "invalid" the order of the Cabinet's appointment committee not accepting the recommendation of a selection board to promote Maj Gen HM Singh as Lt Gen.
..., if the appellant was the senior most serving Major General eligible for consideration (which he undoubtedly was), he most definitely had the fundamental right of being considered against the above vacancy, and also the fundamental right of being promoted if he was adjudged suitable," said the bench in a judgment delivered on Thursday.
"Failing which, he would be deprived of his fundamental right of equality before law, and equal protection of laws, extended by Article 14," said Justice Khehar. agencies
Railways bid to derail staff promotion-Deccan Herald
Kochi: The railways caused much heartburn to a group of 28 staff members, who passed the promotion test, by not releasing them for the training at Tiruchirapally on the pretext of staff shortage. Finally under pressure, 11 persons who qualified for the commercial clerks’ posts were released five days after the training started on January 5.
The promotion tests were held for the posts of commercial clerks and ticket examiners in the Thiruvananthapuram division. However, when the training started at the zonal railway training centre at Tiruchirapally, the senior divisional operations manager rejected outright the successful candidates’ plea to release them for the training.
“They have passed the promotion exams and it’s their right to get the promotion now. The staff shortage problem occurred because of insufficient recruitment as a means to cut down operating expenses. Currently the posts of commercial clerks and ticket examiners are lying vacant. There is no justification for the action,” said SRMU divisional president P. Unnikrishnan.
The railway action evoked wide protest, following which the authorities relieved 11 personnel. “We reached Tiruchirapally on Saturday morning. Though we lost five days of training, we’re happy we could make it.
The railways conducted the tests for both the posts (commercial clerks/ ticket examiner) on the same day that resulted in 10 to 12 personnel appearing in both promotion lists. In effect, these posts will lie vacant as they could opt only for one,” a candidate said.
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