The ruling, according to lawyers, means those civil servants who were promoted against their wish last year can now reject their promotions and opt for ascending to bureaucratic ladder through competition.
Some 9,000 government employees were promoted automatically last year under the new controversial Civil Service Act that was enacted in July 2006 bowing to mounting pressure from unions of government employees.
The law says that non-gazetted second-class (clerk) and first-class (Subba) civil servants are eligible for the automatic promotion after serving 10 and 12 years respectively. Similarly, third-class gazetted (officers) and gazatted second class (under secretary) can be promoted automatically after serving 15 and 18 years respectively.
However, nine government engineers moved the apex court in last April against the government decision awarding them the automatic promotion.
“The petitioners reserve the right to choose the kind of promotion they like,” Justices Min Bahadur Rayamajhee and Kalyan Shrestha said in the ruling.
The petitioners – nine government engineers – had moved the court last April after they were promoted under the new law. In general, those civil servants who think competent enough to get promotion through competition are unwilling to seek such promotions since such promotions are regarded as only “honorary”.
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