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24/03/2010

Govt employee has fundamental right to be considered for promotion

'Government employee has fundamental right to be considered for promotion'

The Supreme Court has ruled that a Government employee has a fundamental right to be considered for promotion and it is mandatory for the Centre and States to carry out cadre review of eligible officers for promotion to the Indian Administrative Service (IAS).

"The right of eligible employees to be considered for promotion is virtually a part of their fundamental right guaranteed under Article 16(Equality of opportunity in matter of public employment) of the Constitution," a bench comprising Justices R V Raveendran and A K Ganguly held in a recent judgement.

The apex court passed the judgement while directing the Centre and the UP Government to consider the promotion of two State cadre officers-Hemraj Singh Chauhan and Ramnawal Singh to the IAS.

"We hold that the statutory duty which is cast on the State Government and the Central Government to undertake the cadre review exercise every five years is ordinarily mandatory subject to exceptions which may be justified in the facts of a given case," the bench said.

Both the Centre and the UP government had challenged the direction of the Delhi High Court to consider the two officials' promotion due to them in 2003 since the cadre review exercise was undertaken by the State government only in 2005. This was done despite repeated reminders from the Centre.

The guarantee of a fair consideration in matters of promotion under Article 16 virtually flows from guarantee of equality under Article 14(Equality before Law) of the Constitution," the apex court said while upholding the high court's judgement.

The apex court ruled that state governments are under obligation to recommend names of its administrative officers every five years to the Centre for their promotion to the IAS and pulled up the UP government for failing to do so despite several reminders from the Union Government.

The court said that a government cannot deny an eligible state officer from being promoted due to the delay on its part in conducting such exercise and pulled it up for "lethargic" approach resulting in two state officers being denied promotion.

"It is clear that legitimate expectations of the state officers of being considered for promotion has been defeated by the acts of the government and if not of the Central Government, certainly the unreasonable inaction on the part of the state government stood in the way of the officers' chances of promotion," the court said.

"The Court is satisfied that in this case for the delayed exercise of statutory function the Government has not offered any plausible explanation. The state officers cannot be made in any way responsible for the delay," the court added.

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PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.




Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.