A government servant cannot claim promotion as a matter of right

Tripura High Court Upholds State Promotion Rules for Food Analyst Position Court dismisses petitioner's claim for promotion without requisite experience under state recruitment rules

In a significant ruling, the Tripura High Court has dismissed a writ petition filed by Sri Santanu Biswas, who sought promotion to the post of Public Analyst without meeting the state's prescribed experience requirement. The petitioner, who has been serving as a Senior Chemist, argued that he possessed the necessary qualifications as per central guidelines but lacked the five years of experience mandated by the state recruitment rules.

The case was presided over by Justice Biswajit Palit, who emphasized that a government servant cannot claim promotion as a matter of right. The court highlighted that the power to determine promotion criteria rests with the legislature or the executive and not with the judiciary. The petitioner had not challenged the recruitment rules framed under Article 309 of the Constitution, which impose the experience requirement, leading to the dismissal of his petition.

The petitioner contended that the central government's qualifications for a Food Analyst, as outlined in the Food Safety & Standards Act, 2006, did not include the five-year experience requirement. However, the court noted that the central rules prevail over conflicting state rules, but without a formal challenge to the state rules, no relief could be granted.

The judgment also referenced the constitutional principle under Article 254, which gives precedence to central laws in case of repugnancy between central and state laws in concurrent matters. The court reiterated that the existing state recruitment rules remain binding unless declared ultra vires.

This decision underscores the judiciary's role in interpreting legislative and executive mandates while reinforcing the requirement for formal challenges to existing rules for any judicial relief.

Bottom Line:

A government servant cannot claim promotion as a matter of right. The legislature or the executive has the authority to determine the method for filling up vacancies to promotional posts.

Statutory provision(s): Articles 246, 254, 309 of the Constitution of India; Sections 45, 91, 94 of the Food Safety & Standards Act, 2006

Sri Santanu Biswas v. State of Tripura, (Tripura) : Law Finder Doc Id # 2819717