Jagroop Singh vs Union Of India on 19 July, 2023
14. Learned counsel for the applicant vehemently challenges the
reliance placed upon by the respondents' counsel in the judgment
quoted in the preceding paragraph submitting that the said judgment
is not applicable in the instant case as the applicant herein is not
claiming his promotion from retrospective effect on the basis of any
reservation which is given to an OBC candidate. Instead, applicant
herein claims promotion from retrospective effect from the year 2011
because the respondents have themselves agreed to the fact that in the
year 2011, there were total 11 vacancies for the SSE out of which, 9
were for UR and 01 vacancy was there for SC and ST each. But
according to the promotion letter pertaining to the year 2011, only 5
persons of UR category were promoted and 04 posts were left
unfilled. Had all the vacancy posts were filled at that time itself, the
applicant would have got a chance of promotion in that period.