The Supreme Court has dismissed an appeal seeking promotion based on past instances of irregular advancements, firmly stating that constitutional principles do not permit perpetuating illegalities.
The case revolved around a retired peon who sought promotion to the role of Tracer, arguing that others in similar positions had been promoted despite recruitment rules mandating 100% direct appointments for the post. The Orissa Subordinate Architectural Service Rules, 1979, explicitly prohibit such promotions.
The appellant contended that previous promotions of peons to the Tracer role created a discriminatory situation. However, the Court, led by Justice JK Maheshwari and Justice Rajesh Bindal, ruled otherwise. The bench clarified that the Constitution’s Article 14, which guarantees equality, does not extend to endorsing wrongful actions.
“Courts cannot legitimize departmental irregularities by allowing their continuation,” the judgment read. Referring to earlier cases, the Court emphasized that benefits granted without legal basis cannot set a precedent for others to claim similar entitlements.
The decision underscores the judiciary’s commitment to upholding statutory rules and ensuring equality remains rooted in legality.