respondents
have taken a plea that petitioner was not eligible for promotion for financial
upgradation in the year 2004-05 under normal channel because ... relevant
backdated year, under the channel (Normal/ Fast track) for which the
candidate is being considered for backdated promotion.
Mr. Rajesh Kumar, learned counsel appearing
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
declared "unfit" for
promotion by the DPC.
5. The appellant was once again considered for promotion to the rank
of Deputy Commandant ... 2024 Page No. 2 of 8
requesting that his promotion and seniority be backdated to the DPC of the
year 2003 for the vacancy year
whether the petitioner shall be entitled to
notional promotion from a backdate including the consequential
benefits. This, according to Mr. Nandakumar, is because ... petitioner is entitled to notional promotion to
the post of Additional Member, Railway Board, from a backdate
in fresh proceedings before the Central Administrative Tribunal
whether the petitioner shall be entitled to
notional promotion from a backdate including the consequential
benefits. This, according to Mr. Nandakumar, is because ... petitioner is entitled to notional promotion to
the post of Additional Member, Railway Board, from a backdate
in fresh proceedings before the Central Administrative Tribunal
whether the petitioner shall be entitled to
notional promotion from a backdate including the consequential
benefits. This, according to Mr. Nandakumar, is because ... petitioner is entitled to notional promotion to
the post of Additional Member, Railway Board, from a backdate
in fresh proceedings before the Central Administrative Tribunal
Tribunal and
objected to the claim and submitted that the appointment by
promotion itself was after the new Rules had come into effect
and therefore ... came into force with effect from
1.1.2004, any promotion effected thereafter, cannot be
backdated and therefore, according to him, the point is not
covered
cover this discrepancy, an illegal
addendum was issued on 15.07.2022, backdating her
absorption to 27.11.2020.
• The Petitioner was promoted to the cadre of
Superintending Engineer ... amended rules. The absorption
backdated to 27.11.2020 was merely a facade to
justify the illegal promotion and alteration of seniority.
16. The respondents are directly
Constitution.
(iii) Ordinarily, notional seniority may not
be granted from the backdate and if it
is done, it must be based on objective
considerations ... Thus considering the rights in respect of promotion by
the Hon'ble Supreme Court of India, it has been laid
down in unequivocal terms
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
