The concept of ‘promotion’ in public services: An overview

The concept of ‘promotion’ in public services: An overview

Author Pramod Kumar Singh
Co-Author Tanya Singh
DOI

Country : India
Subject : Law

Keywords : Promotion, Public Service, Employee

Abstract

Promotion means reducing or raising an employee to a higher rank or post than one the employee was holding or to a higher scale of pay than the on the employee was enjoying immediately before such promotion. The well known methods which are adopted in the recruitment rules for making promotion are- (i) Seniority-cum-merit (ii) Merit-cum-seniority, (iii) Promotion by Merit or selection (iv) Time Bound Promotion. if the senior-most official is unsuitable for promotion, the appointing authority could proceed to consider the case of next senior under ‘Merit Promotion Scheme’, when an officer gets his promotion strictly on merits, his performance should be commendable throughout and especially during last few years. Where the selection for promotion is based on merit, then seniority takes second place. ‘Notional Promotion’ is such a promotion which a government servant gets under particular exigencies of situation, which can not claim as of right. So, the pronouncement of Division Bench of Patna High Court in “Ram Twakya Singh –V- State of Bihar”, calling the retrospective promotion of a University Professor under merit promotion scheme a ‘national promotion’ is in our opinion, not a good law. If a person gets notional promotion with retrospective effect, such persons is entitled for arrears of salary for such retrospective promotion even if he has not worked on the said post for the period concerned. Employee of state has a right to be considered for promotion. Non-consideration of the case of a person for promotion will amount to infringement of Article 16 of the Constitution. Thus teaching and/ or research experience for the post of Reader has to be counted from the date of acquirinmg basis qualification T.E. Pd.D., is obtained. The research experience can not be excluded while considering suitability.Experience can not be a substitute for education qualification. If a person is entitled to promotion, but not promoted, is entitled to invoked writ jurisdiction.

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