that applicant will not be entitled to back-wages. However, his backdated promotion will qualify him for all purposes including seniority and other consequential benefits
considered for
promotion is recognizable, it does not guarantee him or her an
absolute right to the promotion itself. The promotion upon a certain
post ... stands retired as on
date, cannot be extended the benefit of backdate promotion for the
two strong reasons that firstly, he did not qualify trade
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
interfere only where there is denial of consideration for
promotion, but not to order actual promotion or retrospective seniority
after retirement, as such directions serve ... recommendation."
The Court, thus, clarified that any claim for backdated promotion
or seniority is impermissible in law, especially where the employee has
ceased
considered as a recurring cause of
action on the ground that the promotion which he sought w.e.f.
01.10.2003 instead of 01.01.2013 and thereafter ... from merit.
9. It is well settled that the claim of backdated promotion, after
retirement, that too after the delay of 23 years, is generally
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
time when the candidate actually appear in the exam for backdated
promotion."
Page 3 of 6
The CPIO vide its letter dated 20.02.2019 transferred
promotion as HS-2.
1
5. When an employee becomes eligible for promotion, whether the trade
test is taken ... related to seeking opinion of the Ordnance
Factory Board for granting backdate promotion to examiners. The relevant
note sheets (note sheet
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
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
