Service Law — Promotion — Entitlement to promotion

Complete denial of promotion forever cannot be comprehended under Arts. 14 and 16 of Constitution. Once a service gets merged with another service, the employee concerned has a right to get positioned appropriately in the merged service. That is the plain meaning of “absorption”. Chances of promotion are not conditions of service, but negation of even the chance of promotion certainly amounts to variation in the conditions of service attracting infraction of Arts. 14 and 16 of the Constitution. No employee has a right to particular position in the seniority list but all employees have a right to seniority since the same forms the basis of promotion. Panchraj Tiwari v. M.P. SEB, (2014) 5 SCC 101

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