Romail Singh vs Union Of India And Ors. on 9 February, 2017

2. The present writ petition is totally bereft of a legal cause

of action because there is no law that a person has to be promoted

because juniors below to him have been promoted. The legal cause of

action to succeed in promotion is to plead (and substantiate) as to

which is the promotion post, what are the qualifying criteria for being

promoted to the higher post, how the petitioner satisfies the eligibility

criteria for being promoted to the higher post, whether the post is an

W.P.(C) No. 368/2011 Page 1 of 3
automatic promotion post or a selection post, if the post is a selection

post then which is the DPC which had to consider the petitioner for

promotion but did not consider him or if petitioner was considered then

why the DPC decision should be quashed because petitioner has

wrongly not been promoted etc etc. There is however not even a

whisper of a legal cause of action in terms of the aforesaid

requirements of a writ petition in this writ petition by which the

petitioner would seek promotion to a higher post.

Source: Indian Kanoon

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