The Supreme Court on Monday clarified that government employees do not get the right to promotion merely on the ground that vacancies arose under the old service rules. The court said that the government has the right to change the selection and promotion process by amending the service rules, provided the decision is not arbitrary.
Court Bench Hears Odisha Transport Dept Employees’ Case
A division bench of Justice Dipankar Datta and Justice Augustine George Masih was hearing a case involving employees of the Odisha Transport Department.
The employees had sought promotion to the post of Assistant Regional Transport Officer (ARTO). They argued that they were eligible for promotion under the old rules because the vacancies had arisen at that time.
ARTO Recruitment Rules Changed 2021- Court
However, the state government carried out cadre restructuring in 2017 and later implemented new rules in 2021, under which the ARTO post was made a selection post and the recruitment process was made through competitive examination through the Odisha Public Service Commission (OPSC).
The Supreme Court held that an employee does not have a “vested right” or a “legitimate expectation” of promotion.
The court also said that deciding the selection process is part of the government’s policy power and if the government adopts a new process after restructuring the posts, it cannot be faulted.
The court also set aside the High Court order that directed consideration of promotions of employees under the old rules.
