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Madras High Court· 03 September 2026

Is consideration for promotion a fundamental right of every employee eligible under the applicable service rules?

T.JOTHIMURUGAN v. THE GOVERNMENT OF TAMIL NADU
WP.22887/2025 · 2026:MHC:3775 · WP NO. 22887 OF 2025
Coram: Justice S. M. Subramaniam · Justice Krishnaswamy Govindarajan
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Answer

Consideration for promotion is a fundamental right of every employee eligible under the applicable service rules.

Yes. Consideration for promotion is a fundamental right of every employee eligible under the applicable service rules, although promotion per se is not a vested right. All promotions are to be granted strictly in accordance with the Rules applicable to the particular posts, and where the Government has formed a policy for the grant of promotion, the Act, the Rules and that policy are to be scrupulously followed.

Headnote

Tamil Nadu Urban Local Bodies Act, 1998 — s.198 — Tamil Nadu Urban Local Bodies Rules, 2023 — r.192A(5) — r.202 — r.205 — r.206 — Constitution of India — Art.14 — Inter-se seniority — Ratio and rotation for promotion — Tamil Nadu Urban Local Bodies Rules, 2023 — r.206 — r.192A(5) — State as a single unit — Held: The State is a single unit for appointment, promotion, reversion, transfer and discharge for all posts in the Tamil Nadu Municipal Service, and the Government may order the rotation in which such posts are filled from the feeder categories. (¶18, 21) Constitution of India — Art.14 — Validity of a rule — Hardship of a few — Held further: There is a presumption of constitutionality and the burden lies on the challenger. Hardship of a few cannot be the basis for determining the validity of a statute or rule, so a ratio fixed to remove inequality in promotion is not infirm. (¶30, 32) Service law — Promotion — Right of consideration — Held further: Promotion per se is not a vested right, but consideration for promotion is a fundamental right, and all promotions must be granted strictly in accordance with the Rules and the policy applicable to the posts. Validity of the Government Order upheld; directions issued. (¶37, 39)

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In the Court's own words
Paragraph 37Promotion per se is not a vested right of an employee. However, consideration for promotion is a fundamental right of an employee. All promotions are to be granted strictly in accordance with the Rules applicable to the particular posts. Now that the Government formed a policy for grant of promotion to these categories, namely Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Executive Engineer. Thus, the Act, Rules as well as the policy adopted for grant of promotion by fixing an inter-se seniority are to be scrupulously followed by the Government. The litigations arose on account of some disparity in the inter-se seniority list and the consequential promotions granted. These issues are to be resolved in the interest of public administration and to ensure equal opportunity in promotion to all the eligible officers.
Acts & Sections
s.198 Tamil Nadu Urban Local Bodies Act, 1998r.192A Tamil Nadu Urban Local Bodies Rules, 2023r.202 Tamil Nadu Urban Local Bodies Rules, 2023r.205 Tamil Nadu Urban Local Bodies Rules, 2023r.206 Tamil Nadu Urban Local Bodies Rules, 2023Art.14 Constitution of India

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Also decided in this judgment
Is the State a single unit for appointment, promotion, transfer and discharge for all posts in the Tamil Nadu Municipal Service?Can the hardship of a few be a ground to invalidate a statute or a rule?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections