Tamil Nadu

Promotion is administrative prerogative, says HC

The Madurai Bench of the Madras High Court has dismissed the plea of a now retired government official who had sought a direction to be promoted to the post of District Revenue Officer with consequential benefits.

The court was hearing the petition filed in 2015 by D. Ravindran. The grievance of the petitioner was that he was entitled to be included in the panel of Assistant Commissioners fit for promotion to the post of District Revenue Officer.

His name was not included in the list on account of two sets of charges against him. The petitioner said that subsequently the charges were dropped and, therefore, he should have been included in the list. He was entitled to be promoted retrospectively, he said.

Justice S.M. Subramaniam observed that any punishment, including censure imposed on a member of service after the crucial date for consideration of promotion but before actual promotion or appointment, should be held against the member of service and he should not be given promotion or appointment.

The punishment of censure should have the effect for the period of one year. Therefore, within one year from the date of imposition of the punishment of censure, the officer was not entitled for promotion to the higher post, the judge said.

Promotion was an administrative prerogative, and per se could not be claimed as a matter of right, the judge said.

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Printable version | Dec 3, 2020 7:10:39 AM | https://www.thehindu.com/news/national/tamil-nadu/promotion-is-administrative-prerogative-says-hc-madurai/article32921194.ece

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