Temporary promotion under Section 47 confers no right to regular promotion under Section 41.

The respondents were appointed as Motor Vehicle Inspector Grade II on 9 December 2016 and were temporarily promoted as Motor Vehicle Inspector Grade I under Section 47(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, on 27 February 2021.

For the 2021–22 regular promotion panel, the crucial date was 15 March 2021. Although their cases were considered, their names were deferred because Rule 17(b) charge memos under the Tamil Nadu Civil Services (Discipline and Appeal) Rules were pending when the regular panel was prepared.

The regular panel and the list of officials not found fit for promotion were approved and published on 29 January 2024, with the respondents’ cases deferred until disposal of the disciplinary proceedings and subject to the result thereof and the merits of their claims under the applicable Government Orders.

The respondents challenged the deferment in W.P. Nos. 3795 and 3800 of 2024. The Single Judge allowed the writ petitions by order dated 26 July 2024, following which the Transport Commissioner filed the present writ appeals.

Whether temporary promotion under Section 47(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 confers a right or preferential claim to regular promotion under Section 41 of the Act.

Whether the respondents’ names could validly be deferred from the regular promotion panel because Rule 17(b) disciplinary charges were pending when the panel was prepared, notwithstanding their earlier temporary promotion.

Whether the Single Judge was justified in directing or granting regular promotion despite the pending disciplinary proceedings and the applicable promotion requirements.

The Court applied Section 47(1) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016, which permits temporary promotion in cases of public-interest emergency where immediate filling of a higher post is necessary and regular promotion would involve undue delay.

Under Section 47(3), a temporary promotee must be replaced as soon as possible by a member of the service entitled to regular promotion.

Temporary promotion is provisional, confers no preferential claim, does not entitle the employee to regularisation, and does not make the employee a member of the higher service.

Regular promotion is governed by Section 41 of the Act and the applicable promotion rules and Government guidelines concerning eligibility, punishments, pending criminal cases and disciplinary charges.

The Court held that promotion is not a vested right; an employee has only a right to consideration for promotion, subject to the prescribed qualifications and disqualifications.

Pending Rule 17(b) charges could therefore be taken into account in preparing the regular promotion panel.

The Court distinguished the respondents’ temporary promotion from regular promotion. Their temporary promotions were made under Section 47 because of administrative exigency and did not establish any entitlement to regular promotion.

Regular promotion had to be assessed independently under Section 41 and the governing promotion procedure.

When the regular panel was prepared and approved in 2024, Rule 17(b) charges were pending against the respondents. Consequently, the authorities were entitled to defer their names rather than include them in the approved panel.

The fact that the respondents had earlier received temporary promotions did not override the statutory requirement that regular promotion be granted only to candidates satisfying the applicable eligibility and disciplinary-clearance conditions.

The Court also accepted the department’s decision to consider their cases after the disciplinary proceedings, depending on their outcome and the merits of their claims.

The respondents’ deferment from the 2021–22 regular promotion panel on account of pending Rule 17(b) charges was held valid.

The common order dated 26 July 2024 in W.P. Nos. 3795 and 3800 of 2024 was set aside, and W.A. Nos. 984 and 985 of 2026 were allowed.

No order as to costs was made, and the connected miscellaneous petitions were closed.