eligible GDS were considered by the DPC for promotion they were not
issued promotion orders as they had been promoted either to the cadre ... seen in the minutes at Annexure
R5. Certain appointments/notional backdated promotion were then given to
the various GDS of Trivandrum South Division
that in the
above eventuality, the applicant would be considered retrospectively
for promotion from his due date of eligibility, if he is found ... also not in
favour of such backdated promotion for retirees in such cases.
However, he accepts that when there is an inordinate delay in
convening
that it cannot be presumed that an equal
number of vacancies in promotion quota of the IAS would have been available had
the cadre review ... should be backdated is limited. The contention
that the scope and purpose of review of cadre has larger goals than just promotion
from the State
promotion but the senior
will not."
The finding of the Apex Court is based on the point of juniors being
considered for promotion before ... vested right. There is no way that such an
appointment can be backdated or antedated to another date. The
appointment can be considered only from
