There can be no promotion without necessary qualification: HC

NT Correspondent

Bengaluru: The High Court has dismissed a petition by a woman who sought direct promotion as the Chief Executive Officer of a cooperative society for having completed more than 35 years of service stating that she does not have the necessary qualification for the post.

“It has been a settled position of law that an employee who does not have prescribed length of service in the feeder post/ cadre does not have right to consideration of his candidature for promotion,” the division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said in their recent judgement on an appeal.

The petition was filed by one Rosamma V from Dakshina Kannada district. Her advocate argued that she had put up 35 years of service in the Bilinele Primary Agricultural Credit Cooperative Society and became eligible for promotion to the post of Accountant in 2014 itself.

But because of favourtism she was denied the post. She now sought a direct promotion to the post of CEO. She pointed out that another person Yallana Gowda was promoted similarly following a court order.

A single judge bench had declined her petition following which she filed an appeal. The HC in its judgement said that it agreed with the singe judge order and declined to entertain the appeal.

“We decline indulgence in the matter agreeing with the reasoning adopted by the learned Single Judge in the impugned order. Learned Additional Government Advocate is more than justified in banking upon Rule 17-A(ii)(a) of the bye laws of the respondent - Co-operative Society.”

As per the Rule “An employee of any co-operative society who has the minimum qualification prescribed for direct recruitment to the post currently held by him and who has put in a satisfactory service of at least five years in the post held by him shall be eligible for being considered for promotion to the higher post," the HC noted.

The HC also rejected the contention that another person has been similarly promoted. It said, “The submission that one Mr.Yallana Gowda was promoted to the post of CEO/ Secretary though he did not have experience or service in the feeder cadre is not duly substantiated. Even otherwise, the promotion given wrongly cannot create a right in other employee's inasmuch as from wrong no right accrues.”

(WA 1187/2022)