appointed as Reader in the year 2009.
2. To seek promotion from backdate i.e. from November, 2006,
petitioner, for the first time, had sent ... Annexure P-7) to respondent and in the said Representation,
cancellation of promotion granted to Ms. Shikha Kapoor as a Lecturer
(Selection Grade
reiteration for the earlier Original Application filed before this Tribunal for backdating his promotion/seniority. Again, he has stated that while he being an officer
recovery of excess amount which the petitioner has already received before promotion treating it to be an excessive payment.
3. It is submitted that firstly ... that time and merely because he was given promotion from backdate, as a result whereof his basic pay while fixation got reduced, that would
2018
1. The petitioner restricts his claim for grant of promotion from backdate
from which his juniors have been promoted to the post of Professor ... year, 1986,
the requirement of undergoing two refresher courses required for
promotion to the post of Professor would not be necessary.
3. According
Court pertained to the process of promotion and did not
mandate grant of notional promotion contrary to rules.
16. It is also submitted that ... absence of any specific statutory provision
or judicial direction authorising backdating of promotion, the same
must operate prospectively. The action of the respondents is strictly
dated 28
Feb 19. And whereas the promotion is awarded backdated
w.e.f 01 Apr 11 virde order CS/4200/FOK/DPC/BCS dated ... vide their letter
CS(II)/2577/CofY(Kar)/Promotion dated 21 Apr 2014 and
backdated seniority was awarded to the promotees
recourse
of refusing promotion, challenging the same etc.
i) That even if the applicant was to lose out
on a promotion due to compassionate grounds ... provision for the Applicant has been made, and
denying him promotion in backdate will
unlawfully jeopardise his seniority within the
department.
k) That the Respondents
promotion quota. The reliance placed by the
applicants on the OM of DOP&T dated 10.04.1989 clearly
provides for promotion only with retrospective date ... worked on the aforesaid post of ALC and as such promotion
from backdate cannot be given.
10. We have heard the learned counsel
counsel has failed to acknowledge that applicant No. 3
also received a promotion following restructuring. These altered
circumstances were explicitly detailed in an additional affidavit ... Furthermore, no request has been made to us to backdate the
promotion order. Within the context of service adjudication for
disputes involving the State
Dr. Rashmi Srivastava vs Vikram University & Ors on 20 April, 1995
Equivalent citations: 1995
