Recently, the Allahabad HC ruled that an employee has a right to forgo his promotion and doesn’t require any provision under Service Regulations.
In the case of Hausilal v. State of U.P.WRIT – A No. – 3935 of 2023 Court opined that an employee may have a fundamental right to be considered for promotion but at the same time he would also have an inalienable right to forgo such promotion for which purpose, there is no requirement for any specific stipulation in Service Regulations. Such Service Regulations do provide a provision for reversion of an employee to a lower post on fulfilment of condition required for such reversion. Further, the High Court observed that in case an employee seeks to forgo his promotion waiving his rights for such promotion, it would come within purview of his right to waive such promotion particularly since Service Regulations are also in the nature of contractual obligations between an employer and an employee. Such rights accrued to an employee can definitely be waived in case they do not adversely affect any public policy.
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