26/03/2021
Meaning of term “Promotion” in Service Laws: -
In Judicial pronouncements, the term “Promotion” has been defined as:
I. “Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honor.” [1]
II. “Promotion as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that the new post carries higher grade in the same service or class.” [2]
III. “In the literal sense the word ‘promote’ means to advance to a higher position, grade, or honor. So also ‘promotion’ means ‘advancement or preferment in honor, dignity, rank, or grade.’ ‘Promotion’ thus not only covers advancement to higher position or rank but also implies advancement to a higher grade. In service law also the expression ‘Promotion’ has been understood in the wider sense and it has been held that ‘promotion’ can be either to a higher pay scale or to a higher post.” [3]
IV. “In all services, whether public or private there is invariably a hierarchy of posts comprising of higher posts and lower posts. Promotion, as understood under the Service Law Jurisprudence, is advancement in rank, grade or both and no employee has right to be promoted, but has a right to be considered for promotion.” [4]
Promotion can be either to a higher pay scale or to a higher post. In the former case higher pay scale is granted in the same post. [5]
1) Tarsem Singh v. State of Punjab.
2) Director, Central Rice Research Institute v. K.M. Das
3) State of Rajasthan v. Fateh Chand Soni
4) K. Samantaray v. National Insurance Co. Ltd.
5) Union of India v. S.S. Ranade.
