Right to Consideration for Promotion Remains Unaffected by Executive Post-Reclassification Without Amendment of Recruitment Rules

The respondents, Pay and Accounts Officers (PAOs) in the Central Civil Accounts Services, sought promotion to the post of Senior Accounts Officer (SAO) for the period 2019–2023.

Under the Recruitment Rules (RRs) of 2000, the eligibility was two years of regular service as PAO.

Although the promotion process began in September 2019, the Department of Expenditure (DOE) reclassified the SAO post from Group B to Group A on October 31, 2019, with retrospective effect from April 9, 2009.

The DOPT subsequently advised that promotions could not proceed until the RRs were formally amended to reflect this reclassification.

In September 2023, the posts of PAO and SAO were merged, redesignating all PAOs as SAOs prospectively.

The respondents approached the Central Administrative Tribunal (CAT) seeking retrospective consideration for promotion based on the 2000 RRs. The Tribunal ruled in their favor, directing a Departmental Promotion Committee (DPC) but dispensing with UPSC consultation.

1. Whether the respondents have a fundamental right to be considered for promotion to the post of SAO against vacancies arising between 2019 and 2023 under the RRs then in force, despite subsequent merger and reclassification of posts.

2. Whether consultation with the Union Public Service Commission (UPSC) is mandatory for such promotions given the retrospective reclassification of the SAO post as Group A.

Article 16(1) of the Constitution of India, which guarantees the fundamental right to be considered for promotion.

The precedent in Bihar State Electricity Board v. Dharamdeo Dass (2024), affirming that while there is no fundamental right to promotion itself, the right to be considered in accordance with relevant rules is a facet of Articles 14 and 16.

Article 320(3)(a) of the Constitution, which mandates consultation with the UPSC for recruitment/promotion to Group A Civil Services/posts.

The Court rejected the Petitioner's argument that the 2023 merger of PAO and SAO posts rendered the promotion claim moot, reasoning that the respondents held a vested right to be considered for promotion for the 2019–2023 period based on the RRs that remained in force until 2025.

The Court held that executive instructions (the 2019 reclassification OM) cannot nullify the operation of existing RRs regarding promotion eligibility.

Since the 2019 OM retrospectively classified the SAO post as Group A effective from 2009, the post was legally a Group A post during the period in question (2019–2023), thereby making UPSC consultation a constitutional requirement under Article 320.

The Petitioners were directed to implement the order, including approaching the UPSC for consultation, within four weeks; the writ petition was disposed of accordingly.