In a recent judgment, the Supreme Court made it clear and concise that a government employee cannot seek promotion at a later stage, once it has been cancelled owing to non acceptance.
The apex court came up with the significant ruling while setting aside the order of the Madhya Pradesh High Court that directed the government to restore promotion of one of its employee. Initially, the employee has turned down the offer, expressing reluctance to transfer to another place.
“As we find that it is the respondent himself who is responsible for cancellation of the promotion order as he did not join the promoted post, the impugned order of the High Court is erroneous and against the law”, a bench led by Justice J Chelameswar remarked. Earlier, the Madhya Pradesh government filed an appeal challenging the high court order which failed to consider the fact that Ramanand Pandey himself did not accept the promotion order. Instead, he continued on his post and approached the court after two years of cancellation of his promotion offer.
The appeal stated that at the time of his promotion, Pandey resided in the Bhind district and he remained for almost 15 years, without any intention of setting down at another place. After hearing the claims from both sides, the apex court ruled “It is clear that he wanted to remain in Bhind district, where he had continued since 1990, as he was already to go on leave instead of joining the place of transfer. Moreover, for more than two years after from the date of cancellation of the order of promotion, the respondent kept totally mum and maintained stoic silence”.
The court further asserted that there was not even a semblance of protest from his part on the issue of cancellation of the promotion order. He filed the writ petition on October 24, 2008 – almost two years after the offer was quashed.