...the vacancy. 10. He also submitted that respondent No.1 has no legally enforceable right to receive a higher pay scale without having assumed the post, and referred to the State's Promotion Policy...without a specific rule entitling employees to promotion from the date of vacancy, the right to promotion arises only when it is actually effected. He also relied upon.... While the Courts have recognized the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to the promotion itself. In this regard...

...right to seniority, cannot be disturbed by taking Mechanical Supervisor into the Electrical Wing, offending his right to promotion enshrined under Articles 14 and 16 of the Constitution...petitioner lost some place in seniority which is consequential to amalgamation. He has not been deprived of his right to be considered for promotion, only his chances of promotion have receded. It was...not the case of the respondent that the action was actuated by mala fide or colourable exercise of power. There is no fundamental right to promotion, but an employee has only right to be considered for promotion, when...

...contended that in view of the entry of their names in the eligibility list they were entitled as of right to promotion to the post of circle inspector as and when vacancies occurred. On the coming.... Thereupon the petitioners filed writs before the High Court in which they claimed that as they had been put in the eligibility list by the former Hyderabad State, they were entitled as of right to promotion as...to the State. It was further urged that the eligibility lists gave no right to the sub-inspectors whose names were borne on those lists to promotion as circle inspectors though it was not disputed...

...discrimination against the reserved candidates. The Bench also observed that the right to promotion was a statutory right while the rights of the reserved candidates under Article 16(4) and Article...(4) and 16(4-A).Articles 14 and 16(1): is right to be considered for promotion a fundamental right22. Article 14 and Article 16(1) are...eligible for promotion or who comes within the zone of consideration, a fundamental right to be “considered” for promotion. Equal opportunity here means the right to be “considered” for promotion. If a...

...must be filled up by promoting Havaldars eligible for promotion to the post of Naib Subedars.10. In considering the rival submissions, it must, at the outset, be noted that it is well settled that there is no vested right to...(1997) 11 SCC 758 that the creation of an intermediate post would not amount to an interference with the vested right to promotion. A two-Judge Bench of this Court held...with the candidate having acquired a right to be considered for promotion. The right to be considered for promotion accrues on the date of consideration of the eligible candidates. Unless, of course...

...right to promotion but a mere right to be considered for promotion if he satisfies the requirements of law or rules. Rule 4 of the Order permits the authority to make an ad hoc appointment till a...Difficulties) Order, 1981 ad hoc appointment by promotion can be made in every vacancy in the post of Head of an institution till a regular appointment is made. His contention is that since the appellant was...the seniormost, he was entitled to be appointed ad hoc Principal, but instead another person, Respondent 3, was so appointed in violation of the aforesaid rule. As has often been said, no one has a...

...it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created. No doubt, a right to be considered for promotion has been treated by courts not 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, we may profitably cite a recent decision in...Others11, a three Judge Bench observed thus: 41. This Court, time and again, has laid emphasis on right to be considered for promotion to be a fundamental right, as...

...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... "4… There is no fundamental right to promotion, but an employee has only right to be considered for promotion, when it arises, in accordance with relevant rules. From this perspective in our view...: "21 : Articles 14 and 16(1) : is right to be considered for promotion a fundamental right 22 : Article 14 and Article 16(1...

...respondent 1, amending the said Rules and the said notification was duly published in the Gazette of India. By the said amendment, the said Rules were amended and it was prescribed that for promotion to the post of Director (ME) a degree in Engineering was a requisite qualification. The appellant challenges the validity of this notification on the ground that it affected his chances of promotion or alternatively his right to...took the view that the appellant had no vested right to promotion but had a mere chance of promotion and he was not entitled to challenge the rule merely on the ground that it affected his chance of...the rule affected merely a chance of promotion which the appellant had. It was submitted by him that although the appellant could not claim any right to be promoted, he certainly had the right to be considered for promotion and...

...given their options. The officers who have not given their options have the right to promotion in their own turn of seniority. In view of the decision rendered by the Central Administrative Tribunal...are the lowest category from which the promotions are available to the post of UDCs, from which promotion is made as Licensing Assistants and thereafter as Section Heads. From the post of Section...Heads, the employees are eligible to be promoted to the post of Controllers. The seniority lists are maintained cadrewise. The promotion to the post of UDC is made on the basis of seniority roll, whereas...

...reasons, the officer cannot be rewarded by promotion as a matter of course even if the penalty is other than that of the reduction in rank. An employee has no right to promotion. He has only a right to be considered for promotion. The...the Rules, the relevant date to be considered for inclusion in the list of the approved candidates for promotion is 1st September of the year of consideration. In 1984 when the respondents' claim was...Government. The punishment was reiterated after fresh inquiry. Rule 3 of the Rules provides that “promotion to the posts of Director of Statistics, Deputy Director of Statistics shall be made on grounds of...

...merit alone for promotion to higher service, selection of such an officer though junior in service in preference to his senior does not really amount to supersession. If promotion is made on merit alone, the senior officer per se has no legal right to...seniors. This cannot be helped. Where selection is made on merit alone for promotion to a higher service, selection of an officer though junior in service in preference to his senior does not strictly amount to supersession. Where promotion is made on the basis of seniority, the senior has preferential right to...promotion against his juniors but where promotion is made on merit alone, senior officer has no legal right to...

...to restructure the cadre. Thirdly, there is no vested right to promotion, though there is only a right to be considered for promotion as per the rules which are in force at the time of such...which the petitioners lost their chance to be considered for promotion. They contended before this Court that their right to be considered for appointment for promotion would not be lost with the advent...panel should have been prepared in the year 1976 and transfer or promotion to the post of Sub-Registrar Grade-II should have been made out of that panel. In that event, the petitioners in the two representation petitions who ranked higher than respondents 3 to 15 would not have been deprived of their right of...

...that there is a distinction between right and interest. No one has a vested right to promotion or seniority, but an officer has an interest to seniority acquired by working out the rules. It could be...a Constitution Bench had held a rule which confers a right of actual promotion or a right to be considered for promotion, is a rule prescribing condition of the service. Another Constitution Bench in...page 602 that no employee has a right to promotion but he has only the right to be considered for promotion according to rules. Chances of promotion are not conditions of service and are defeasible. An...

...appellant since he was thereby deprived of the right to make a representation against it, which if allowed would have entitled him to be considered for promotion to the post of Superintending Engineer.... One may not have the right to promotion, but one has the right to be considered for promotion, and this right of the appellant was violated in the present case.27. A large...Border Roads Engineering Service Group ‘A’ Rules, as amended. As per these Rules, since the appellant was promoted as Executive Engineer on 22-2-1988, he was eligible to be considered for promotion to...

...be referred to the Departmental Promotion Committee.5. The right to be considered for promotion in time is a fundamental right as distinct from the right to promotion not being a...fundamental right. Procedural delays attributable to the respondents can not visit the petitioner with adverse consequences. Vigilance clearance is the responsibility of the respondents and not the...1. Heard learned counsel for the petitioner and learned counsel for the State as also for the Bihar Public Service Commission.2. The relief sought is to be considered for...

...or even exclusion from the selection. There is “no vested right to promotion or to remain in the seniority list”. The word ‘promotion’ in Rule 9 of the Recruitment Rules would not indicate that...promotion should be on the basis of seniority subject to fitness. Inclusion of a person named in the select-list in a year does not give that person a vested right to have his name in the select-list in the...itself clothe with a right to promotion or entitle to seniority. It would arise only after the select-list was prepared on comparative evaluation of the record and assessment of merit, ability and...

...transfers but the same shall not have the effect of obliterating the lien I hold and any right to be considered for the promotion as PA to the District Judge, Thoothukudi...an employee does not have a right to promotion as such. He has only a right to be considered for promotion, and even in the present case the District Judge had considered a panel of persons who came...could not be faulted.32. Besides, there is no right of promotion available to an employee. He has a right to be considered for promotion which has been held to be a...