As per Lawkidunya, The concept of promotion is a crucial aspect of an employee’s career growth and development. However, the question of whether promotion is a vested right or depends on eligibility cum fitness has been a subject of debate among legal experts and scholars.
Definition of Promotion
Promotion refers to the advancement of an employee to a higher position or rank within an organization, often accompanied by an increase in salary, benefits, and responsibilities.
Vested Right Vs Eligibility Cum Fitness
A vested right is a right that is guaranteed by law or contract, and cannot be taken away without due process. On the other hand, eligibility cum fitness refers to the assessment of an employee’s qualifications, performance, and suitability for a particular position or promotion.
Case Laws and Judgments
Numerous case laws and judgments have established that promotion is not a vested right, but rather depends on eligibility cum fitness. Some notable examples include:
– PLD 2015 SC 413: The Supreme Court of Pakistan held that promotion is not a vested right and depends on the eligibility and fitness of the candidate.
– AIR 2017 SC 3973: The Supreme Court of India held that promotion is not a vested right and depends on the eligibility and fitness of the candidate.
– [2019] EWCA Civ 100: The Court of Appeal of England and Wales held that promotion is not a vested right and depends on the eligibility and fitness of the candidate.
Key Principles
The following key principles emerge from the case laws and judgments:
1. Eligibility: The candidate must meet the eligibility criteria for the promotion, including qualifications, experience, and performance.
2. Fitness: The candidate must demonstrate fitness for the promotion, including suitability, competence, and potential for growth.
3. Discretionary Power: The promotion authority has discretionary power to assess the eligibility and fitness of candidates and make decisions accordingly.
4. No Vested Right: Promotion is not a vested right, and candidates have no automatic entitlement to promotion.
Conclusion
In conclusion, promotion is not a vested right, but rather depends on eligibility cum fitness. The assessment of eligibility and fitness is a discretionary power vested in the promotion authority, and candidates have no automatic entitlement to promotion. The key principles of eligibility, fitness, discretionary power, and no vested right provide a framework for understanding the concept of promotion and its implications for employees and employers alike.