I. Chuba Jamir & Ors vs State Of Nagaland & Ors on 17 July, 2009
"16. The petitioners have assailed Rules 9 and 12 of the
1966 Rules on the ground that they do not specifically
provide for promotion of a Junior Engineer (Civil) to the
post of Sub-Divisional Engineer (Civil) after attaining the
higher qualification of AMIE, etc. as is provided for in Rule
7(3)(ii) of the 1966 Rules. The underline premise on which
such submission is made is that the eligibility for promotion
having been acquired by the incumbent, he becomes entitled
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to be promoted. This premise, however, has no sanctity in
law. It is by now well settled that mere eligibility does not
confer any right of promotion for the incumbent. We may
refer to the judgment of the Supreme Court in I. Chuba
Jamir and others vs The State of Nagaland and others 2009
(15) SCC 169, wherein it has been held as under: -