Medicine (by personal promotion)
4.9.2006
Professor of Cardiology (by personal promotion)
18.8.2006
Professor of Cardiology (from before date again by personal promotion)
From back date ... give him promotion as Professor of Cardiology by backdating the promotion from 18.6.2006 to 22.5.2005. The State Government willingly obliged in promptly considering his representation
post for the past period. However in Paluru Ramkrishnajah (Supra) despite allowing promotion with back date, the back wages were denied for the reason that earlier ... India AIR 1984 SC 1291, arrears of salary on account of backdated promotion was claimed but the aforesaid dictum was not followed in Virender Kumar
hold an absolute right to the promotion itself. The legal precedents discussed above establish that promotion only becomes effective upon the assumption of duties ... proposition that the claim for the first time for backdated promotion with seniority is impermissible in law where the employee has ceased
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
over, University had wrongly and mala fide issued promotion orders to the appellants by way of backdating them on 12-3-1986. The merit promotion
appointments are made by promotion and Direct recruitment :
(1) Where according to the service regulations appointments are made both by promotion and by direct recruitment ... appointment order;
Provided that if the appointment order specifies a particular backdate with effect from which a person is substantively appointed, that date will
supervisors can be taken advantage only for the purpose of eligibility for promotion to the post of Assistant Engineer and not for seniority ... Constitution.
(iii) Ordinarily, notional seniority may not be granted from the backdate and if it is done, it must be based on objective considerations
held later, accordingly, they were given promotion w.e.f. 1 December 2016. The respondents, accordingly, sought notional promotion from the year when the vacancy ... December 2015, and not from back date. However, notional promotion and pay fixation will be given w.e.f. 1 April of the vacancy year
that where according to the service rules appointments are made both by promotion and by direct recruitment, the seniority of persons appointed shall, subject ... finding of learned Single Judge that there is no such rule for backdating the appointment is incorrect. However, on being asked to show from
Ram Babu Yadav & 93 Ors. vs State Of U.P. Through Prin. Secy. Home
