Renusagar Power Company Ltd vs General Electric Company And Anr on 16 August, 1984
Equivalent
promoted to the post.
4. The appellant after unsuccessfully challenging the promotion granted
to respondent no.5 before the Bombay High Court has brought ... fulfil the requirement of educational
qualifications and he was wrongly given the promotion. The High Court
considered the submission and rejected it holding that respondent
P.K. Ramachandra Iyer & Ors vs Union Of India & Ors on 16 December
Accountant, the case of the
applicant shall be considered
immediately after the promotion of
such persons or such persons are
promoted. (emphasis supplied)
27. Plain ... held that if erroneous
promotion is given by wrongly interpreting the
rules, the employer cannot be prevented from
applying the rules rightly and in correcting
years regular service in the grade. (1) The
eligibility list for promotion shall be prepared with
reference to the date of completion by the officers ... case is therefore
entirely distinguishable. The notional promotion was given
to Krishnamoorti to right the wrong that had been done to
him by his supersession
Judge held
that Ram Kumar was eligible for promotion on the date when
the case for promotion was considered. It was also
observed that ... promotion to the post
of Assistant Manager (Administration), the criterion for
promotion is seniority-cum-merit, but Ram Kumar was wrongly
and illegally given promotion
observations in Rajoria (supra):
"The notional promotion was given to Krishnamoorti to right the
wrong that had been done to him by his supersession ... respectful agreement.
"The notional promotion was given to Krishnamoorti to right the wrong that
had been done to him by his supersession
years regular service in the grade. (1) The
eligibility list for promotion shall be prepared with
reference to the date of completion by the officers ... case is therefore
entirely distinguishable. The notional promotion was given
to Krishnamoorti to right the wrong that had been done to
him by his supersession
period before an earlier promotion but also to uncommunicated adverse remarks. It was held that the Tribunal was wrong in holding in favour ... remarks prior to an earlier promotion this Court did not hold that they could be given as much weight as those in later years
were given
effect from 1st July of the year in which the promotions
were granted.
There is no statutory provision that the promotion ... July
of the year in which the promotion is granted. It may be
that, rightly or wrongly, for some reason or other, the
promotions were