deprive
the right is the conclusive test.
It already seen that the right to a
public employment is a
constitutional right under Article ... rights
guaranteed in Parts III and IV of
the Constitution. Article 21
guarantees the right to live which
includes right to livelihood, to a
many
become important facets of the fundamental right guaranteed
in Article 16(1). Right to be considered for promotion is
not a mere statutory right ... that right to promotion is
a statutory right. It is not a fundamental right. The
right to promotion to a post or class of posts
that right to promotion
is a statutory right. It is not a fundamental right.
The right to promotion to a post or class of posts ... under:
"11.Promotion is not a fundamental right. Right to be
considered for promotion, however, is a fundamental
right. Such a right brings within
promotion but he cannot
claim promotion as of right. Right to be
considered for promotion is obviously
different and distinct from right of promotion.
Even ... right to be promoted. In service
jurisprudence there is nothing like right to be
promoted. Only there is right to be considered
for the promotion
become important facets of the fundamental right guaranteed
in Article 16(1). Right to be considered for promotion is
not a mere statutory right ... that right to promotion is
a statutory right. It is not a fundamental right. The
right to promotion to a post or class of posts
criteria for
promotion but still is not considered for promotion,
then there will be clear violation of his/her‟s
fundamental right. Jagannadha ... only a statutory
right and not a fundamental right, we cannot
accept the proposition. We have already stated
earlier that the right to equal opportunity
only a statutory right but also a
fundamental right, there is no fundamental right to the
promotion itself. In this regard, we may gainfully refer ... just as a statutory right but as a
fundamental right, at the same time, there is no
fundamental right to promotion itself. In this
context
only a statutory
right but also a fundamental right, there
is no fundamental right to the promotion
14
itself. In this regard, we may gainfully ... just as a
statutory right but as a fundamental
right, at the same time, there is no
fundamental right to promotion
itself. In this context
that right to promotion is a
statutory right. It is not a fundamental right. The right to
promotion to a post or class of posts ... under:
"11.Promotion is not a fundamental right. Right to be
considered for promotion, however, is a fundamental
right. Such a right brings within
only a statutory right but also a
fundamental right, there is no fundamental right to the
promotion itself. In this regard, we may gainfully refer ... right but
as a fundamental right, at the same time, there
3
2024 SCC OnLine SC 1768
-8-
is no fundamental right to promotion itself
