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L. Balakrishnan Vs. the Deputy Inspector-general of Police, Southern Range, Madurai and anr. - Court Judgment

LegalCrystal Citation
SubjectService;Constitution
CourtChennai High Court
Decided On
Case NumberWrit Petn. No. 1396 of 1956
Judge
Reported inAIR1959Mad270; (1959)IILLJ514Mad; (1959)1MLJ220
ActsConstitution of India - Articles 226 and 309
AppellantL. Balakrishnan
RespondentThe Deputy Inspector-general of Police, Southern Range, Madurai and anr.
Appellant AdvocateS. Mohan Kumaramangalam, Adv.
Respondent AdvocateAddl. Govt. Pleader
DispositionPetition dismissed
Excerpt:
civil service (classification and control) rules - removal of person's name from list of persons considered fit for promotion - whether that will form justiciable issue ; neither the removal of a person's name from the list of persons tentatively considered fit for promotion nor even denial of promotion can be equated to any of the punishments for which the civil service (classification and control) rules provide. promotion is not a question of right. even if the preparation of the list was governed by any statutory rules, neither the amendment of the list nor deletion of names there from will make that a justiciable issue because both continuance in office and preferment in due course or otherwise are still within the pleasure of the executive. - - .....fit for promotion, and that subsequently he was told he was not fit for promotion. names of persons considered fit for promotion are included in what is known to the department as the c list. that by itself confers no enforceable rights on the persons whose names have been so included. promotion cannot be claimed as a matter of right. neither the removal of a name from the list of persons tentatively considered fit for promotion, nor even denial of promotion can be equated to any of the punishments for which the civil service (classification and control) rules provide. as i said, promotion is not a question of right. even if the preparation of the list was governed by any statutory rules, neither the amendment of the list nor deletion of names therefrom will make that a.....
Judgment:
1. All that the petitioner could claim was that at one time he was considered fit for promotion, and that subsequently he was told he was not fit for promotion. Names of persons considered fit for promotion are included in what is known to the department as the C list. That by itself confers no enforceable rights on the persons whose names have been so included. Promotion cannot be claimed as a matter of right. Neither the removal of a name from the list of persons tentatively considered fit for promotion, nor even denial of promotion can be equated to any of the punishments for which the Civil Service (Classification and Control) Rules provide. As I said, promotion is not a question of right. Even if the preparation of the list was governed by any statutory rules, neither the amendment of the list nor deletion of names therefrom will make that a justiciable issue, because both continuance in office and preferment in due course or otherwise are still within the pleasure of the executive.

2. The removal of the petitioner's name which is admitted in the counter affidavit will not make it a justiciable issue. It is on that ground that I must direct the discharge of the rule nisi. The petition is dismissed. No order as to costs.


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