The Rajasthan High Court in a recent judgment has removed the condition that a government employee is not eligible for promotion if he has more than two children. This request by the state government was granted so that the employees in this category could be promoted but under some conditions.
What the Court Said About Promotion prohibition
This bench comprised of Chief Justice M.M. Srivastava and Justice Umashankar Vyas made this decision upon considering modification application made by the state government to the previous order. The court has previously issued an order prohibiting promotions for any employee having more than two children following a petition by some affected employees.
However, by the order of the state government argument and the notification dated March 16, 2023, the court allowed the ban but stated that the promotions already awarded would not be affected.
What do you understand by conditional promotion?
The court, however, gave clearance on promotions but stated that the promotions would be anchored on the final resolution on the current petition. This means that where the court is against the government’s position in this case for example, all promotions that are given on this basis will be reverted and employees return to prior lower grades.
This ruling affirms that the employee who has over two children does not lose career progression opportunities, as progress depends on the final verdict of the case. This decision must be viewed as partial consolation for the many employees, still creating certain degree of unpredictability as to their state.
