Back
PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Government of West Bengal – Appellant
Versus
Amal Satpathi – Respondent
JUDGMENT
Mehta, J.
1. Delay condoned.
2. Leave granted.
3. The present appeal has been filed by the Government of West Bengal1[Hereinafter being referred to as “appellant No. 1”.] and its components, challenging the judgment dated 1st February, 20232[Hereinafter being referred to as “Impugned judgment”.] passed by the High Court at Calcutta, in WPST No. 157 of 2019. The High Court vide impugned judgment upheld the order of the West Bengal Administrative Tribunal3[Hereinafter being referred to as “Tribunal”.], which directed that respondent No. 1, Dr. Amal Satpathi, though not entitled to retrospective promotion after his superannuation, should be awarded notional financial benefits for the promotional post of Chief Scientific Officer as of his retirement date i.e., 31st December, 2016. The appellants are aggrieved by this direction, contending that no financial benefits, even on a notional basis, are admissible to respondent No. 1 who never assumed charge of the promotional post.
Brief Facts: -
4. Respondent No.1, Dr. Amal Satpathi, was promoted to the post of Principal Scientific Officer on an officiating basis on 24th March, 2008. On 6th January, 2016, following an amendment to the rel
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
An employee has a fundamental right to be considered for promotion, but not a right to retrospective promotion unless clearly justified by rules or exceptional circumstances.
The right to be considered for promotion is fundamental, but there is no absolute right to promotion itself; promotions are effective only upon assuming duties.
(1) Right to promotion and subsequent benefits and seniority would arise only with respect to rules governing said promotion, and not a different set of rules which might apply to a promoted post fac....
The right to be considered for promotion is fundamental, but promotion is effective only upon assuming duties, and retrospective promotions are impermissible.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
Point of Law : In case of a notional promotion from retrospective date, it cannot entitle the employee to arrears of salary as the incumbent has not worked in the promotional post.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
