Rajesh Gupta
JAMMU, July 9: Justice Shahzad Azeem while dismissing a writ petition filed by Mohammad Yaseen Khan, a retired driver, who had sought retrospective promotion to the post of Chauffeur along with consequential benefits has held that promotion in government service is not a vested right and remains subject to rules, availability of posts, eligibility and administrative policy.
The Court, however, observed that a government employee has only the right to be considered for promotion under Articles 14 and 16 of the Constitution, but this does not confer a right to actual promotion or to compel the government to increase cadre strength.
Justice Azeem further held that limited promotional avenues or stagnation in a small cadre cannot be a ground for the Court to rewrite service rules or direct creation of posts.
However, Court added that rider of availability of posts, as provided in SRO 28, is constitutionally valid.
But, there are questions on the part of lot of officers of J&K that despite availability of posts, not conducting DPCs whereas higher placements carried out without Recruitment Rules.
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