Why in News?

Recently, a bench of Justice Suman Shyam gave observations on fundamental right of being considered for promotions.

• The Gauhati High Court gave this judgment in the case of Syed Habibur Rahman v. The State of Assam & 2 Ors.

What is the Background of Syed Habibur Rahman v. The State of Assam & 2 Ors. Case?

• The petitioner was originally appointed as Fisheries Extension Officer pursuant to that, he had joined the department in the year 1982.
• In the year 1992, the petitioner was promoted to the post of Sub-Divisional Fisheries Development Officer (SDFDO).
• In the year 2005, the petitioner was entrusted with the charge of District Fisheries Development Officer (DFDO), although he was not promoted to the said post on regular basis.
• The basic case of the petitioner is that there were vacancies available in the cadre of DFDO for being filled up by way of promotion on regular basis.
• Notwithstanding the same and despite the fact that the date of superannuation of the petitioner was approaching fast, no steps were being taken by the authorities to consider his case for promotion.

What were the Court’s Observations?

• The HC observed that “Law is well settled that the right to be considered for promotion is a facet of fundamental right”.
  • Whether a particular candidate is entitled to be promoted or not is a matter that would depend on application of the promotional criteria to the candidature of such candidate, i.e. in the facts and circumstances of each case.
  • But if there are vacancies available for being filled up by way of promotion and there are eligible departmental candidates who had a right to be considered for promotion to such posts, the authorities cannot deny such candidates, coming within the zone of consideration, an opportunity of being promoted and thereby deprive them not only of the satisfaction of career progression but also the consequential pecuniary benefits.
• The court gave judgment in the favor of the petitioner and disposed of the petition.

What is the Right to Be Considered for Promotions?

• Constitutional Position:
  • In the Constitution of India, 1950 the fundamental right that deals with the consideration for promotion is primarily found in Article 16.
    • Article 16 guarantees equality of opportunity in matters of public employment and prevents discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them.
• Position Established through Precedents:
  • Ajit Singh v. State of Punjab (1999):
    • Supreme Court laying emphasis on Article 14 and Article 16(1) of the Constitution of India held that if a person satisfies the eligibility and the criteria for promotion but still is not considered for promotion, then there will be a clear violation of his/her's fundamental right.
  • Ajay Kumar Shukla and Ors. v. Arvind Rai and Ors. (2021):
    • Gauhati HC held in this case that there is no fundamental right to promotion, but an employee has only the right to be considered for promotion, when it arises, by relevant rules.