Chennai: Promotion in job is not a vested right of a govt employee, said Madras high court. Though consideration for promotion is a fundamental right of an employee, mere availability of vacancy in a particular post would not confer any right to claim promotion, the court said.“The high court is not expected to interfere with the day-to-day administration of the govt by issuing a direction to fill up the promotional posts. Filling up the posts are the administrative prerogative of the govt,” a division bench of Justice S M Subramaniam and Justice N Senthilkumar said.The court made the observations on a batch of appeals moved by challenging the method of appointment and promotion adopted in filling up the posts of district library officer (DLO).The high court is not expected to interfere with the routine administration of the govt in the matter of promotions, appointments and transfers. These all are the routine administrative functions of the govt and only in the event of establishing any illegality or violation under the provisions or any of the statutes or rules, HC could interfere and issue appropriate directions to and ensure that the rules are followed, the bench said.“No writ seeking a direction to promote an employee is maintainable. Such writ petitions are liable to be rejected in limine since promotion per se is not a vested right and only in the event of establishing violation of seniority or overlooking seniority, promotions are granted or the rules are violated, then alone, the writ petitions are entertained and not otherwise,” the court said.
