The Government Of West Bengal & Ors vs Dr. Amal Satpathi & Ors on 1 February, 2023
14. Further the Hon'ble Supreme Court, on the issue as to whether an
employee could be validly promoted after his retirement date, in the case of
Government of West Bengal Vs. Dr. Amal Satpathi (supra) had laid down
that it is a well settled principle that promotion becomes effective from the date it
is granted, rather than from the date a vacancy arises or the post is created.
While the Courts have recognized the right to be considered for promotion as not
only a statutory right but also a fundamental right, there is no fundamental right
to the promotion itself. It further held that promotion only becomes effective
upon the assumption of duties on the promotional post and not on the date of
occurrence of the vacancy or the date of recommendation. It thus held that the
petitioner in the above case had superannuated before his promotion was
effectuated, the petitioner was not entitled to retrospective financial benefits
associated to the promotional post, as he did not serve in that capacity.