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1 - 4 of 4 (0.22 seconds)Union Of India vs Manpreet Singh Poonam on 8 March, 2022
12. It is further argued that Petitioner cannot claim promotion from 1997
despite the existence of vacancies in the said year, since as per the RRs,
8 years' experience as Assistant Advisor is required for promotion to the
post of Advisor and further three years is required as Advisor to be eligible
for promotion to the post of Senior Advisor, which clearly the Petitioner
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR W.P.(C) 10451/2006 Page 4 of 9
Signing Date:05.01.2025
23:18:23
does not complete in 1997. An Assistant Advisor can be promoted as Senior
Advisor but that is on completion of eleven years, which Petitioner
completed much later in 2002. It is strenuously argued that even otherwise,
Petitioner cannot agitate the issue of non-promotion as he sought voluntary
retirement under the VRS introduced by IIC and upon such acceptance on
27.04.2005, his jural relationship ceased with IIC. Reliance is placed on the
judgment of the Supreme Court in Union of India and Another v. Manpreet
Singh Poonam and Others, (2022) 6 SCC 105, to assert that having taken
Voluntary Retirement, it is not open to an employee to agitate past claims as
the employer-employee relationship ceases.
Union Of India And Ors vs K.K. Vadera And Ors on 26 October, 1989
Reliance is also placed on
paragraph 20 of the said judgment, wherein relying on the judgment of the
Supreme Court in Union of India v. K.K. Vadera, 1989 Supp (2) SCC 625,
it was held that promotion to a post can only be granted from the date of
promotion and not from the date when vacancy arises.
Ravikumar Dhansukhlal Maheta vs High Court Of Gujarat on 12 May, 2023
13. Learned counsel further places reliance on the judgement in
Ravikumar Dhansukhlal Maheta and Another v. High Court of Gujarat
and Others State of Gujarat, 2024 SCC OnLine SC 972, to buttress the
legal submission that no Government servant can claim promotion as a
matter of right because the Constitution does not prescribe criteria for filling
seats in promotional posts.
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