Past Irregular Promotions Cannot Justify Future Violations
The Supreme Court has ruled that past irregular promotions cannot be used as a precedent to justify continued illegal practices. The bench, comprising Justice JK Maheshwari and Justice Rajesh Bindal, dismissed an appeal by a retired peon. He was seeking promotion to the position of Tracer.
Court Dismisses Retired Peon’s Appeal for Promotion
The appellant argued that previous promotions of peons to the Tracer post created discrimination. However, the Court noted that the Orissa Subordinate Architectural Service Rules, 1979, mandate 100% direct recruitment for the Tracer role, making such promotions unlawful.
Justice Rajesh Bindal, delivering the judgment, stated that Article 14 of the Constitution does not permit negative equality or discrimination. He emphasized that courts cannot legitimize departmental violations or allow individuals to claim parity based on illegal actions.
The Court referred to R. Muthukumar & Others vs. Chairman and Managing Director, TANGEDCO & Others (2022), reinforcing that benefits granted without legal basis cannot set a precedent.
This led to dismissal of the appeal.
The Supreme Court’s decision underscores the importance of adhering to recruitment rules and rejecting claims based on unlawful practices.
Conclusion
The Supreme Court emphasised that past irregular promotions cannot justify future violations of rules. It stressed the need for strict adherence to legal principles to ensure fairness and transparency. The judgment sends a clear message that procedural lapses should not set a precedent. This decision upholds accountability and safeguards the integrity of administrative processes.
