Q: I have been working with a Central government organisation since January 1991. My first promotion was due in 1998 and the second one is due in January 2007. My employer imposed a punishment on me ? ?stoppage of two annual increments without cumulative effect? in 1998. Though there was no mention of the delayed promotion in the punishment order, I was denied my promotion in 1998. However, I got a promotion in 2000, a couple of years late.
Was imposing ?stoppage of first promotion for two years? a legal step? Will I be eligible for my second promotion, which is due in January 2007? If my employer denies it, what steps can I take against my employer? Since my employer has done a grave injustice by imposing double punishment for a single fault (stoppage of two annual increments and withholding promotion for two years), is it better to approach my employer now or should I wait till 2007 before taking any further action?
Debashis Dutta,
Durgapur
A:Whether an employee has a right to be promoted or not depends entirely on the statutory rules governing the service and/or on the terms of the contract of employment entered into at the time of joining the employment. Usually, the rules indicate that a promotion is given on the basis of an assessment of the merits of the employee.
Thus, an employee has no right, as it were, to promotion. Rather he only has a right to be ?considered? for promotion. Promotion to a post is after all dependent on several circumstances, including the previous service record of the employee.
Your contention that by delaying your promotion, your employer has in effect imposed double punishment on you for a single fault is not technically correct. It appears that in your case, there was, in fact, only one punishment ? withholding increment for two years. The denial of promotion during that period was really a mere consequence thereof.
In fact, the courts have held that it is only logical that a person suffering a penalty or a disciplinary proceeding cannot be promoted to a higher cadre at the same time. Punishing a government servant and at the same time promoting him during the punishment period is self-contradictory.
The Supreme Court has observed in several cases that the withholding of promotion on account of currency of punishment of stoppage of increments is neither arbitrary nor does it amount to double jeopardy.
Therefore, your employer was within its rights to delay your promotion and it would be futile to try and challenge the same at this stage. By the time you are up for consideration for promotion in 2007, the period of punishment would have expired and you will be eligible for consideration for promotion (provided you are not otherwise disqualified) and therefore, the earlier disciplinary order would not stand as an impediment to your promotion.
In fact, it is apparent that once the period of punishment was over in your case, you were actually considered for promotion and understandably promoted in 2000. Moreover, your second promotion would really be dependent on several other factors like merit, ability, performance and also the service rules applicable in your case.
Thus, instead of going for any pre-emptive steps immediately, it would be prudent on your part to wait until January 2007 to see whether or not your employer properly considers your eligibility for promotion.
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