Right to Consideration for Promotion is a Fundamental Right Governed by Binding Service Rules

The appellants, originally appointed as Gangmen in the Municipalities of Puducherry, sought a direction to the official respondents to consider them for promotion to the post of Work Inspector

They contended that under G.O.Ms.No.31 dated 31.12.2025, a 20% quota is reserved for promotion from the post of Gangman

The Writ Court previously dismissed their petition (W.P.No.28125 of 2015) on the grounds of locus standi

The appellants filed this intra-Court appeal alleging that the authorities were bypassing eligible in-service candidates to fill vacancies via direct recruitment

1. Whether the appellants have a legal right to be considered for promotion to the post of Work Inspector as per the recruitment rules

2. Whether the official respondents are bound to follow the prescribed ratio between promotion and direct recruitment as mandated by the Service Rules

The Court applied the Service Rules regulating the method of recruitment for Work Inspectors in the Municipalities and Commune Panchayats of Puducherry, specifically G.O.Ms.No.31 dated 31.12.2025

The Court reaffirmed the legal principle that while an employee does not have an absolute right to "promotion" per se, the "consideration for promotion" is a fundamental right of an employee

The recruitment rules stipulating specific quotas for promotion and direct recruitment are binding on the employer

The Court reasoned that since the Rules expressly provide a 20% vacancy quota to be filled by promotion from the cadre of Gangmen, the appellants—holding said post—possess the requisite standing to be considered

The Court found that the Writ Court erred in dismissing the petition on locus standi, as the grievance pertained to the non-observance of statutory Service Rules

The Bench emphasized that wherever recruitment rules contemplate a mix of promotion and direct recruitment, the employer cannot ignore eligible in-service candidates if they meet the qualifications and criteria prescribed therein

The Court allowed the Writ Appeal and directed Respondents 1 to 3 to consider the appellants for promotion to the post of Work Inspector strictly in accordance with the recruitment Rules and eligibility criteria

The appellants must be considered against the vacancies specifically earmarked for the Gangman-to-Work Inspector promotion quota

No costs were awarded