Delhi High Court: The petitioner filed a writ petition under Article 226 seeking the relief that he is entitled to promotion for the reason that his juniors had been granted promotion. The Bench of Mehta, J. held that such a petition was devoid of any legal cause of action.
The Court observed that legal cause in cases like these of claiming promotion is to substantiate before the Court as to what is the promotion post, what are the qualifying criteria for being promoted to the higher post and how the petitioner satisfies the particular eligibility criteria, whether the post is an automatic promotion post or selection post and so on.
The Court accordingly dismissed the petition saying that there is not even a whisper of a legal cause of action to consider the promotion of the petitioner. The respondents submitted before the Court that because for the post of promotion, one required a diploma in engineering discipline of 3 years which the petitioner did not have and that is why, he was not promoted to the specified post. [Romail Singh v. Union of India, 2017 SCC OnLine Del 6949, decided on 09.02.2017]