Hearing a case of an Amritsar civic body’s junior engineer, who claimed he was overlooked for a raise, the Punjab and Haryana High Court has recently said that the right to be considered for a promotion is a fundamental right, rooted in Articles 14 and 16 of the Indian Constitution. What does this ruling mean for government employees?
It’s appraisal season, and every employee is eagerly awaiting a salary hike and a promotion. However, more often than not, we experience disappointment of not receiving a raise, with managers citing missed targets or lack of initiative.
However, here’s a legal case that could uplift your spirits. Recently, the Punjab and Haryana High Court has ruled that the right to be considered for promotion is a fundamental right, highlighting that delays in
promotion processes can harm both earnings and long-term career progression.
Read on to find out more.
The court’s order stating that the right to be considered for promotion stems from a case filed by a junior engineer named Kulwant Singh against the Municipal Corporation of Amritsar.
In his complaint, Singh stated that he was left out of a Departmental Promotion Committee (DPC) meeting. For the unaware, a DPC is an internal government panel that evaluates eligible employees for upcoming vacancies.
He told the court that he was eligible for promotion as he had completed seven years of service as a junior engineer. He also submitted that he held a diploma in civil engineering issued by the Punjab State Board of Technical Education and Industrial Training. He argued that his case was not considered at the DPC held on January 28, 2025, despite several posts being vacant.
However, the State argued that Singh was not eligible as his diploma was obtained through part-time mode and was not valid.
Justice Harpreet Singh Brar said the rules protect existing employees and allow them to be considered for promotion even if they do not meet certain qualification requirements.
In his order, Justice Brar noted, “This Court is of the considered view that the petitioner squarely falls within the ambit of the aforesaid proviso, since he was already working as a Junior Engineer (O&M) (Civil) at the time the 2020 Amendment Rules came into force. Consequently, even if the petitioner’s diploma obtained through part- time/distance mode is neither valid nor recognised, the same is not a prerequisite for his consideration for promotion to the post of Assistant Corporation Engineer (O&M) (Civil). Admittedly, the petitioner completed seven years of service as a Junior Engineer on 02.01.2024 and was, therefore, fully eligible for promotion in terms of the 2020 Amendment Rules.”
The court also held, “Right to be considered for promotion is a fundamental right under Article 14 and 16(1) of the Constitution. Delay in convening the DPC not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement.”
No. Being promoted isn’t a fundamental right. However, the right to be considered for
promotion is a fundamental right, rooted in Articles 14 and 16 of the Constitution, which addresses the matter of equality.
But what’s the difference between being promoted and considered for promotion? In 1991, the Supreme Court made this distinction when it heard a case involving the Orissa-based Lift Irrigation Corporation. In the matter, the apex court ruled that “there is no fundamental right to promotion, but an employee has only the right to be considered for promotion, when it arises, in accordance with relevant rules.”
In 1999, in the Ajit Singh vs State of Punjab case, a five-judge Constitution Bench noted, “Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be ‘considered’ for promotion.”
“If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be ‘considered’ for promotion, which is his personal right,” it said.
What are the implications of this ruling?
The Punjab and Haryana High Court’s ruling, along with the Supreme Court’s highlights the importance of fair promotion policies that ensure
equal opportunity.
What the judgments effectively state is that promotions must be free from discrimination. Employees in similar circumstances should be treated equally, and any deviation from this principle would violate the fundamental rights under Article 16.
The court notes that employment is a key aspect of livelihood, and the opportunity for career advancement is necessary for sustaining livelihood and ensuring a meaningful existence. This means that fair and transparent promotion policies are not only a matter of equal opportunity but also integral to the constitutional guarantee of the right to life or living with human dignity.
All in all, the ruling provides employees with stronger legal backing to challenge stalled promotions. For employers, it is an indicator to create more structured and time-bound promotion systems.
Notably, the Supreme Court of Pakistan has also ruled that every government employee has the legal right to be considered for promotion based on performance, emphasising transparency and fairness in public service advancement.
With inputs from agencies
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