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IN THE HIGH COURT OF BOMBAY AT GOA BENCH
BHARATI DANGRE, NIVEDITA P.MEHTA
Anita Yuvraj Naik – Appellant
Versus
State of Goa, Through its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. court's procedural hearing orders. (Para 1 , 2) |
| 2. petitioner's claim for retrospective promotion. (Para 3 , 6 , 12) |
| 3. petitioner's claims regarding promotion initiation. (Para 4 , 5) |
| 4. details on past promotions and hierarchal adjustments. (Para 7 , 8 , 10) |
| 5. allegations against the petitioner by the respondent. (Para 14 , 20 , 23) |
| 6. allegations and administrative responses. (Para 17 , 18) |
| 7. petitioner's arguments for promotion. (Para 24 , 26) |
| 8. court's rationale regarding promotion and vacancy. (Para 28 , 30 , 32) |
| 9. court's rationale on promotion's effective date. (Para 29) |
| 10. final rulings and implications. (Para 39 , 41) |
| 11. final judgment on promotion dismissal. (Para 42 , 43) |
(Per Nivedita P. Mehta, J.)
1. Heard Mr S.D. Lotlikar, learned Senior Advocate along with Mr T. Sequeira for the petitioner, Ms Maria Correia, learned Additional Government Advocate for respondent No.1 and Mr Shubham Priolkar, learned Additional Government Advocate for respondent no.2.
2. Rule. The rule is made returnable forthwith with the consent of and at the request of the learned counsel appearing for the parties.
3. By the present petition, the petitioner has sought a writ of
The right to promotion is not vested; retrospective promotions require clear rules or exceptional circumstances and are effective only from the date granted, not from the vacancy date.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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.
The right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
The main legal point established in the judgment is that promotions should be based on the date the DPC considered the vacancy for filling up, rather than the date the vacancy arose. The court also e....
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