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Service & Administrative LawSupreme Court of India

P. Sakthi v. The Government of Tamil Nadu

Civil Appeal · 2025 INSC 620Decided 2 May 2025
C.A. No.-005835-005835 of 2025 (@ SLP(C) No. 30700 of 2024)
Justice Sudhanshu Dhulia · Justice K. Vinod Chandran

Background

The appellant, a Police Constable in Tamil Nadu appointed in 2002, became eligible in 2019 for in-service promotion to Sub-Inspector under a departmental quota. He was denied consideration on the ground that a 2005 punishment (postponement of an increment) disqualified him under the recruitment rules. However, that punishment had already been set aside by the Government in 2009, and a related criminal case arising from the same incident (a workplace altercation) had ended in his acquittal.

Decision Breakdown

The Supreme Court held that since the disqualifying punishment had been set aside years before the 2019 promotion cycle, the appellant could not lawfully be treated as disentitled when his consideration was denied. It reiterated the settled principle that while an employee has no absolute right to be promoted, they do have a right to be considered for promotion when eligible, unless validly disqualified, and here, the denial unjustly impinged on that right. The appeal was allowed, with directions that the appellant be considered for promotion retroactively from 2019, and if found eligible, be promoted from that date with consequential benefits.

Lesson Learnt

An employee cannot be denied consideration for promotion based on a disciplinary punishment that has already been set aside: authorities must act on the current, corrected service record, not on a punishment that no longer legally exists.

P. Sakthi v. The Government of Tamil Nadu – Legal Case Shots | LegalAware