Indian Kanoon - Search engine for Indian Law

17. The judgment is only an authority for the proposition that the claim for the first time for backdated promotion with seniority is impermissible in law where the employee has ceased to be in service. The judgment nowhere provides that in case, refusal/non-grant of promotion is bad, the same cannot be granted retrospectively.

18. If the law as laid down is read in the manner done by the Tribunal, in every case where promotion has been denied to any employee and challenge is laid, as and when the relief would be granted, may be post retirement, the same, from that point of time, for grant of relief would be taken as retrospective and in those circumstances, no petition questioning grant of promotion/refusal to grant promotion can be maintained, which cannot be the law nor the judgment in the case of Dr. Amal Satpathi (supra) provides so.