Promotion in Government Job: The Supreme Court has made an important comment on promotions in government jobs and said that the criteria for promoting government employees is not even mentioned in the Constitution. The government and the executive are free to decide the criteria for promotion.
The constitution does not lay down any criteria for this
The bench of Chief Justice of India UP Chandrachud, Justice J.B. Pardiwala and Manoj Mishra has said in its decision that 'No government employee in India can consider promotion as his right, because no criteria have been set for this in the Constitution.'
The method of filling a vacancy is determined by the legislature or the executive
The court further said in its decision that 'the method of filling vacancies in promotion posts is determined by the legislature or the executive based on the nature of employment and the work expected from the candidate. The judiciary cannot review the matter whether the policy adopted for promotion is suitable for selecting the best candidates or not.' It is worth noting that the bench has said this while giving its verdict on the ongoing dispute regarding the selection of district judges in Gujarat.
More emphasis should be placed on qualifications
Writing the judgment, Justice Pardiwala said, 'There has always been a presumption that long-serving employees have shown loyalty to the organization and hence are entitled to equal treatment from the organization throughout their career. Over the years, the Supreme Court has consistently ruled that where promotions are decided on the principle of merit and seniority, more emphasis should be given to merit.'