Employees Falling In Same Or Similar Cadre Must Be Given Same Opportunity To Advance Their Career In Service: Allahabad HC
The Allahabad High Court observed that employees falling in the same or similar cadre should be given further the same opportunity to advance their career in service.
The Court was hearing a Writ Petition filed by the Petitioner who is a Storekeeper Grade-1 with the respondent establishment, after he was aggrieved by the order passed by the respondent where his claim for promotion to the post of Junior Engineer (Mechanical) was rejected.
The bench of Justice Ajit Kumar observed, “…one must have requisite academic qualification of the concerned trade to make him eligible for post on which promotion has to be made…”
Advocate Anil Kumar Srivastava appeared for the Appellant and Advocate Mukesh Kumar appeared for the Respondent.
Brief Facts-
The Petitioner was challenging the order issued by respondent No. 2, which rejected his promotion to Junior Engineer (Mechanical). The rejection was based on the requirement that 5% of Junior Engineer posts are reserved for promotion from Draftsmen, Dresser, Clerks, or Laboratory Assistants who hold a diploma in Engineering and have completed five years of service. The Petitioner's claim was denied as he had obtained his diploma before joining the service and did not fall under the eligible employee categories mentioned in the rules.
The Court observed, “Rules of promotion are to be construed liberally as promotional avenues are meant to avoid stagnation of employees and regular promotion not only boosts up the moral of work force at lower level but otherwise also improves the total environment qua work culture in any establishment.”
“In industries it seen as a tool to ensure that no industrial unrest takes place amongst the workers.”, the Court added.
The Court further observed, “So based on the principle of Article 14 of the Constitution and on sound principle of service jurisprudence governing the healthy employer and employee relationship, it is a must that employees falling in same or similar cadre are given further same opportunity to advance their career in service.”
Accordingly, the Court quashed the order passed by the authority rejecting the claim of the Petitioner.
Finally, the Court allowed the Writ Petition.
