A Division Bench of Justice D K Singh and Justice T M Nadaf, in its order dated March 18, dismissed the appeal filed by Dhanavantari Rao, 66. (File photo)The Karnataka High Court recently dismissed an appeal filed by one of its former employees, observing that the right to promotion is not a fundamental right and retired personnel cannot claim “retrospective promotion” to a post.A Division Bench of Justice D K Singh and Justice T M Nadaf, in its order dated March 18, dismissed the appeal filed by Dhanavantari Rao, 66. “Once the person is retired, he cannot claim retrospective promotion to the post, where he has not been subjected to any discrimination in violation of Articles 14 and 16(1) of the Constitution of India.”“The right for consideration to promotion is a legal right, if there is a vacancy, and the candidate is qualified, he/she may have a legitimate expectation for fair consideration of his/her case for promotion.”Rao, who retired as a section officer on February 28, 2019, sought a grant of retrospective promotion to the post of assistant registrar for the purpose of financial benefits.He made a representation to the Registrar General of the High Court seeking a retrospective promotion. The High Court Staff Committee, by its resolution on March 10, 2021, rejected the same, and it was approved by the Chief Justice.Advocate Sohani A Holla, appearing for the petitioner, argued that due to a Supreme Court order, proceedings for promotion from the post of section officer to that of assistant register were not undertaken by the High Court. Holla said once the order was vacated, he had filed the representation seeking retrospective promotion.Holla also submitted that Rao was fully qualified for promotion while in service, but he could not be promoted due to the interim order passed by the Supreme Court. He said, therefore, Rao cannot be made to suffer because of the court action. © The Indian Express Pvt LtdTags:KarnatakaKarnataka High Court