Eligibility for promotion

Eligibility (for promotion) purely relates to the terms and conditions of service, for example the prescribed length of service, quantification of the marks relating to performance evaluation reports (PERs), completion of training programs etc.

Only factor which is excluded from the exclusive jurisdiction and domain of the Tribunal is the decision of a designated authority/forum regarding 'fitness', while eligibility and all other matters relating to the terms and conditions of service are exclusively within the domain of the Tribunal

Exclusive jurisdiction conferred upon the Tribunal, pursuant to the clear constitutional command under Article 212 of the Constitution, ousts the jurisdiction of a High Court while exercising jurisdiction under Article 199 of the Constitution to decide, entertain or adjudicate upon any matter relating to the terms and conditions of service

Bar under Article 212 of the Constitution extends even when an order passed by the departmental authority is without jurisdiction, mala fide, coram non judice, or in breach of the fundamental rights guaranteed under the Constitution.

Eligibility (for promotion) purely relates to the terms and conditions of service, for example the prescribed length of service, quantification of the marks relating to performance evaluation reports (PERs), completion of training programs etc.

Only factor which is excluded from the exclusive jurisdiction and domain of the Tribunal is the decision of a designated authority/forum regarding 'fitness', while eligibility and all other matters relating to the terms and conditions of service are exclusively within the domain of the Tribunal

Exclusive jurisdiction conferred upon the Tribunal, pursuant to the clear constitutional command under Article 212 of the Constitution, ousts the jurisdiction of a High Court while exercising jurisdiction under Article 199 of the Constitution to decide, entertain or adjudicate upon any matter relating to the terms and conditions of service

Bar under Article 212 of the Constitution extends even when an order passed by the departmental authority is without jurisdiction, mala fide, coram non judice, or in breach of the fundamental rights guaranteed under the Constitution.

Petitioners were employees of erstwhile House Building Finance Corporation which was converted into House Building Finance Company Limited

Plea raised by petitioners was that they were entitled to be considered for promotion under Promotion Policy approved in the meeting dated 19-12-2005

Validity

Board of Directors of a company could change promotion policies

Change in promotion policy through a resolution of Board of Directors of a company would entail no violation of law

Employees of House Building Finance Corporation were entitled to be considered for promotion in accordance with Promotion Policy which was applicable at the stage of effective date

Promotion Policy which was in vogue on effective date was the Promotion Policy, 2005 and petitioner ought to have been considered under that Policy and not under the Policy which was subsequently made by House Building Finance Company Limited

Constitutional petition was allowed accordingly.

High Court while exercising its judicial review powers cannot indulge in such exercise and doing so could require the court to engage with a factual dispute involving the conflict of opinion regarding potential and competence of the employee as determined by the Human Resources department of an organization and the employee's self-assessment of his own potential and competence

Such would drag the Court into the domain of policy as the question of how best to manage the Human Resource department of an organization, how to motivate employees, which employees are to be placed on the fast track of career progression, how to train and prepare them for leadership, and how best to incentivize them, etc., are quintessential policy matters.

No general principles had been laid down by High Court or Supreme Court that employees of the Oil and Gas Development Company Limited (OGDCL) were entitled to antedated promotion on the sole basis that they had completed service of five years in their respective grades

Petitioners were seeking the exercise of High Court's extraordinary constitutional jurisdiction to undertake judicial review of promotion/lack of promotion decisions of OGDCL

Promotion criteria specified in the Oil and Gas Development Corporation Employees (Service) Regulations, 1994, reflected that a key component of the promotion decision was objective evaluation of the employee's performance and competence

High Court was not to step into the shoes of the Human Resources department and management of the company and second-guess their decision regarding competence and performance of employees made on the basis of subjective appraisal, merely because the organization was publicly owned company performing duties in relation to the affairs of the State

High Court had no expertise to take employment decisions

Petitioners had failed to make out a case for any procedural impropriety or breach of applicable rules or discrimination or malice

Constitutional petitions were dismissed with costs.

Selection Board did not recommend petitioner-civil servant for promotion to BS-19 as he only secured 59.60% marks, whereas the threshold for qualifying for promotion was 60% marks

Propriety

Even if the 59.60 % marks obtained by the petitioner, were rounded up (to 60%), he became eligible for promotion on meeting the minimum threshold for promotion to BS-19

Besides proviso to R. 17 of Fundamental Rules, authorized the competent authority to give pro forma promotion to the petitioner after retirement, which order, in no way, would affect the serving officers, as petitioner had already attained the age of superannuation

Supreme Court directed the competent authority to issue the required notification of pro forma promotion of the petitioner.