Question.I am a Lower Division Assistant in the Union of India and, after completing 10 years of service, I am entitled to be promoted to the post of Upper Division Assistant. However, the entire promotion process was influenced by some high-level authorities who wanted to promote a specific person to the post of Upper Division Assistant. The promotion process was faulty and I have made several representations to the higher authorities to consider my candidature, but they have denied my representations.
They said that the promotion procedure was correct and there was no impediment to promote Lower Division Assistants to the post of Upper Division Assistant. In this situation, is it possible for me to approach the High Court for justice? Can the High Court entertain my petition and pass any appropriate order to cancel this faulty and arbitrary promotion order? Please advise.
Asked from: Uttar Pradesh
Yes, you have the right to challenge this promotion order because it violates Article 14 and 16 of the Constitution of India. The promotion order must be just, fair, reasonable, and in conformity with the rules governing the promotion. However, some higher authorities were involved in the entire promotion process and they influenced the process to promote their own candidates.
If the promotion was influenced and made in violation of service rules, you should immediately approach the High Court under Article 226 of the Constitution of India. The High Court may quash the promotion order it it finds that the promotion was influenced and violated the principles of justice, equality, and equal opportunity, which are fundamental rights respectively under Article 14 and 16 of the Constitution.
The administrative action must be reasonable and an equal opportunity must be given to all candidates under the employment of the State. Therefore, if your case is genuine, you will definitely get justice from the High Court. The High Court may cancel the entire promotion order and direct the appropriate authority to promote the eligible candidate as per the service rules in accordance with the principles of reasonableness and equal opportunity as enshrined under Article 14 and 16 of the Constitution.
