Service Law- Consistent Record of Good Performance to be Considered for Promotion- Kerala HC

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April 08, 2019

Case name: Hindustan Newsprint Limited v. T.C. Mani

The issue that arose for consideration for Division Bench of the High Court of Kerala in the case was whether the respondent who has retired from the services of the appellant as Executive in the year 2003 was entitled for promotion as Assistant Manager in the year 1997?

The appellant in the case alleged that the respondent was not fit for promotion in view of the one of the clauses of Appellant company’s promotion policy enumerating the criteria/eligibility for promotion. According to the Policy on being eligible for promotion, the first line executive in E-1 posts will be considered for promotion in their unit to the extent vacancies are available. If vacancies are not available, those with consistent Good record of performance will be considered.

The facts of the case noted that the respondent being an Engineering Diploma holder should have a consistent record of performance for a period of seven years in order to be considered by the Departmental Promotion Committee. However, the respondent had only a consistent record of performance for three years as performance of the respondent and was not ‘good’ consistently for seven years.

In view of the facts and circumstances of the case, the Division Bench of the High Court of Kerala denied promotion to the respondent in terms of the Promotion Policy and was of the view that the respondent did not have consistent record of good performance for seven years in order to be eligible for promotion.

The entire case can be accessed here.

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