The petitioner is an employee of Bharat Heavy Electricals Limited (BHEL). He has filed this Writ Petition, seeking for a Mandamus, directing the respondents to consider his name for promotion to the post Fitter Grade -II, and further, to the post of Assistant Photographer Grade-I, in the respondent-Company.
2. The petitioner was facing some issues relating to his community certificate, but the status of the community certificate is not pleaded by the petitioner, in this Writ Petition. However, he has filed this Writ Petition seeking for a direction to grant promotion. It is a settled legal principle that promotion can never be claimed as a matter of right, and consideration for promotion alone is the right of an employee. Further, consideration for promotion has to be made after verifying the eligibility criteria fixed by the Employer under the Service Rules. Such being the factual position, the prayer sought for by the petitioner, cannot be granted. However, this Court is inclined to grant liberty to the petitioner to submit a detailed representation setting out his grievance before the respondent, who shall consider the same and pass orders. Accordingly, the petitioner is granted four weeks' time from the date of receipt of a copy of this order to submit a representation before the respondent, seeking for promotion. The respondents are at liberty to consider the same as per the relevant Service Rules and pass appropriate orders in accordance with law as expeditiously as possible.
3. With the above direction, the Writ Petition is disposed of. No costs.
28.03.2017 sd Index : yes/no To
1. Bharat Heavy Electricals Ltd., rep. by its Executive Director, Thiruverumbur, Kailasapuram, Tiruchirappalli - 620 014.
2. The General Manager (HR) Bharat Heavy Electricals Ltd., Thiruverumbur, Kailasapuram, Tiruchirappalli - 620 014.
S.M.Subramaniam, J.
sd Writ Petition No.5302 of 2004 28.03.2017