though he was directed in earlier proceedings to be considered for
backdated promotion, and though he qualified the written-test stage and was
called ... apply to the
Petitioner, because he was being considered only for backdated promotion
years 2016-17 and 2017-18 pursuant to the earlier order
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
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
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
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
fact that
the petitioner has been working as Laboratory Assistant on promotion.
He further argued that detailed clarification and explanation have been
provided by respondent ... procedure to grant promotion to
an employee with retrospective effect and then submitted a proposal for
granting approval backdated. The proposal therefore was found
stationary post in Level-7 only for the purpose of
promotion. Therefore, the private respondents' seniority date is correctly
reckoned from the date they ... stationary employee. They cannot claim the benefit of RBE-92/2015 to
backdate their seniority to their LPG period, as this circular is designed
Xavier Agnelo Minguel Jose Gracias vs State Of Goa, Thr. The Chief Secretary ... on 8
Jain International Residential School vs State Of Karnataka on 26 February, 2026
Author: Suraj Govindaraj
The Registrar University Of Mumbai vs Amit S. Bagul And 63 Ors. on 13 March
