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1 - 10 of 10 (1.05 seconds)Article 16 in Constitution of India [Constitution]
Nasir Ahmad And Ors. vs King-Emperor on 12 May, 1927
16. Hence, the respondents may consider the promotion of the
applicants and others with reference to their eligibility dated
01.01.2021 in the light of the above Hon'ble Apex Court judgement.
And if the department would like to go ahead with the implementation
of their policy intention as stated in the document dated 05.08.2021,
as any variation in the conditions of service of public post by mere
executive order was not permissible, as the applicants would be
deprived of the opportunity of filing objection to it if they so desire. It
is made amply clear that to pursue further with the said decision, the
respondents authorities must go ahead with the rule making process
and power of the Government; where opportunity will accrue to the
applicants for filing the objections at an appropriate time after the
draft rules are notified. And only after the rules are finalized they will
become actionable.
Union Of India vs Manpreet Singh Poonam on 8 March, 2022
17. Further, we would like to add that no one has a right to
promotion but time and again Apex Court has ruled in umpteen
number of cases that every employee has a right to be considered for
promotion and that would be applicable to the present applicants also.
In Civil Appeal Nos. 517-518 of 2017 of Union of India & Ors vs
Manpreet Singh Poonam and Ors, the same ratio is applied and
earlier cases are cited vide their Division Bench judgement dated
March 08, 2022 and the court observed that "No officer has a vested
right to a promotional post, which is restricted to that of
consideration according to law.
Ajay Kumar Shukla vs Arvind Rai on 8 December, 2021
The law on this aspect is settled by
this Court in the case of Ajay Kumar Shukla and Ors. v. Arvind
Rai and Ors., 2021 SCC OnLine SC 1195:
Director, Lift Irrigation Corporation ... vs Pravat Kiran Mohanty And Ors on 12 February, 1991
OA.No.170/00527/2021/CAT/BANGALORE
"37. This Court, time and again, has laid emphasis on right
to be considered for promotion to be a fundamental right,
as was held by K. Ramaswamy, J., in the case of Director,
Lift Irrigation Corporation Ltd. v. Pravat Kiran Mohanty
[(1991) 2 SCC 295] in paragraph 4 of the report which is
reproduced below:
Ajit Singh And Ors vs State Of Punjab And Ors on 16 September, 1999
38. A Constitution Bench in case of Ajit Singh v. State of
Punjab [(1999) 7 SCC 209], laying emphasis on Article 14
and Article 16(1) of the Constitution of India held that if a
person who satisfies the eligibility and the criteria for
promotion but still is not considered for promotion, then
there will be clear violation of his/her's fundamental right.
Jagannadha Rao, J. speaking for himself and Anand, CJI.,
Venkataswami, Pattanaik, Kurdukar, JJ., observed the
same as follows in paragraphs 21 and 22 and 27:
Article 309 in Constitution of India [Constitution]
Major General Andil Kumar Shukla Vsm vs Union Of India on 8 January, 2018
In the case of Civil Appeal No. 5966 of 2021 arising out of SLP
(Civil) No. 5435 of 2020 of Ajay Kumar Shukla and Ors vs Arvind
Rai and Ors, the Hon'ble Apex Court decided similar issue and
has further cited that "This Court in Major General H.M. Singh,
VSM vs. UOI and Another, again reiterated the legal position, i.e.
right to be considered for promotion as a fundamental right
enshrined under Article 14 and Article 16 of the Constitution of
18
OA.No.170/00527/2021/CAT/BANGALORE
India. The relevant extract from paragraph 28 is reproduced
below:
The Army Act, 1950
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