'To be considered for promotion is a fundamental right'
Right to be considered for promotion is fundamental, the Central Administrative Tribunal has held.
By PTI |
NEW DELHI: Though promotion is not a fundamental right of employees, right to be considered for it is necessarily one, the Central Administrative Tribunal (CAT) has held.
"Though right to be promoted is not a fundamental right but right of consideration necessarily is a right...," said a two-member CAT bench headed by Justice Shanker Raju in a recent order.
Directing the government to consider the claim of applicant Prem Mityani, a director in Song and Drama Division here, for upgradation in his post, the tribunal stated that in the matters of promotion, consideration should be effective and meaningful as per the rules.
"A policy decision of the government is its prerogative and is not amenable to the jurisdiction of the tribunal, yet if there has been malafide and violation of Articles 14 and 16 of the Constitution of India, the policy decision is not only amenable to judicial review, but also liable to be declared as not apt in law," it said.
The tribunal, also comprising member Chitra Chopra, further observed that if this is not addressed by the competent authorities, the clock should be put back to restore the fundamental right of consideration in a fair and reasonable manner.
The principal bench of CAT made the observation on an application of Matiyani, who had approached it with the grievance that his claim for upgradation of post was turned down by the Ministry of Information and Broadcasting and Department of Personnel & Training (DoPT) in January, 2004, without cogent grounds.
"Though right to be promoted is not a fundamental right but right of consideration necessarily is a right...," said a two-member CAT bench headed by Justice Shanker Raju in a recent order.
Directing the government to consider the claim of applicant Prem Mityani, a director in Song and Drama Division here, for upgradation in his post, the tribunal stated that in the matters of promotion, consideration should be effective and meaningful as per the rules.
"A policy decision of the government is its prerogative and is not amenable to the jurisdiction of the tribunal, yet if there has been malafide and violation of Articles 14 and 16 of the Constitution of India, the policy decision is not only amenable to judicial review, but also liable to be declared as not apt in law," it said.
The tribunal, also comprising member Chitra Chopra, further observed that if this is not addressed by the competent authorities, the clock should be put back to restore the fundamental right of consideration in a fair and reasonable manner.
The principal bench of CAT made the observation on an application of Matiyani, who had approached it with the grievance that his claim for upgradation of post was turned down by the Ministry of Information and Broadcasting and Department of Personnel & Training (DoPT) in January, 2004, without cogent grounds.
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