Delhi High Court Upholds Tribunal’s Order on Promotion: “The Right to be Considered for Promotion is Fundamental,” Affirms Court
In a significant ruling that underscores the fundamental right to fair consideration for promotion, the Delhi High Court today upheld the Central Administrative Tribunal’s decision mandating a retrospective review of the Departmental Promotion Committee (DPC) for respondent No.4, an employee within the Military Engineering Services.
The bench, comprising Hon’ble Mr. Justice V. Kameswar Rao and Hon’ble Ms. Justice Manmeet Pritam Singh Arora, delivered the judgment in the case of W.P.(C) 4017/2023. The Court’s decision centered on the principle that “the right to be considered by the Departmental Promotion Committee is a fundamental right guaranteed under Article 16 of the Constitution of India,” highlighting the importance of equitable and fair promotion processes in employment.
The case revolved around the eligibility criteria for promotion from the post of Assistant Surveyor of Works (ASW) to Surveyor of Works (SW) within the Military Engineering Services. A key point of contention was the equivalence of a Civil Engineering degree with the final examination of the Institution of Surveyors (India), a matter previously settled by the Supreme Court.
The petitioners, B.N. Singh and another employee, challenged the Tribunal’s order on the grounds that it affected their seniority and was made without their inclusion in the original application. The High Court, however, dismissed the petition, emphasizing the Tribunal’s rightful direction for a review DPC in light of the Supreme Court’s decision on qualification equivalence.
The Court also noted the significant delay in the consideration of respondent No.4 for promotion, despite the Supreme Court’s clarification on the equivalence of qualifications. This delay was deemed unjust, leading to the decision to uphold the Tribunal’s order for a retrospective review.
Date of Decision: November 20, 2023
B.N. SINGH AND ANR. VS UNION OF INDIA AND ORS.
