Right of eligible employees to be considered for promotion is virtually a part of their fundamental right

The Court must keep in mind the Constitutional obligation of both the appellants/Central Government as also the State Government. Both the Central Government and the State Government are to act as model employers, which is consistent with their role in a Welfare State.

38. It is an accepted legal position that the right of eligible employees to be considered for promotion is virtually a part of their fundamental right  guaranteed under Article 16 of the Constitution. The guarantee of a fair consideration in matters of promotion under Article 16virtually flows from guarantee of equality under Article 14 of the Constitution.

39. In The Manager, Government Branch Press and Anr. vs. D.B. Belliappa - (1979) 1 SCC 477, a three judge Bench of this Court in relation to service dispute, may be in a different context, held that the essence of guarantee epitomized under Articles 14 and 16 is "fairness founded on reason" (See para 24 page 486).

Supreme Court of India

Union Of India & Anr vs Hemraj Singh Chauhan & Ors on 23 March, 2010

Bench: R.V. Raveendran, Asok Kumar Ganguly

REPORTABLE

Citation;AIR 2010 SC 1682

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Whether chances of promotion are conditions of service?

 First of all, we may advert to the decision rendered by this Court in State of Maharashtra & Anr. v. Chandrakant Anant Kulkarni & Ors., (1981) 4 SCC 130, wherein a three Judge Bench of this Court held as under:- "16. Mere chances of promotion are not conditions of service and the fact that there was reduction in the chances of promotion did not tantamount to a change in the conditions of service. A right to be considered for promotion is a term of service, but mere chances of promotion are not. 

Supreme Court of India

Dhole Govind Sahebrao & Ors vs Union Of India & Ors on 26 March, 2015

Bench: Jagdish Singh Khehar, S.A. Bobde

Read full judgment here; click here

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