V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Ramakant Singh – Appellant
Versus
Union of India Through The Secretary – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
1. The challenge in the writ petition is to an order dated December 21, 2018, passed by the Central Administrative Tribunal, Principal Bench, ('Tribunal', for short) in Original Application ('OA', for short), being O.A. No.2594/2017 filed by the petitioner whereby the Tribunal dismissed the same.
2. The challenge in the OA by the petitioner was to an order dated May 1, 2017, of the respondents whereby the request of the petitioner for being promoted to the post of Director (Aeronautical Engineering) ('AE', for short) w.e.f. 2012 was rejected.
3. The facts as noted from the record are that in the year 1993 the petitioner joined the office of Director General Civil Aviation as Project Officer. He was promoted to the post of Senior Scientific Officer in the year 2003. The said post was re-designated as Assistant Director (AE). On completion of five years of service on that post, an incumbent becomes eligible for being considered for promotion to the post of Deputy Director (AE). The petitioner became eligible for the post of Deputy Director (AE) in the year 2008. A charge sheet was issued to the petitioner on February 12, 2009. The charges were dr
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
The main legal point established in the judgment is that the right to be considered for promotion is a fundamental right, and seniority cannot be granted retrospectively when an employee was not born....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
The claim for promotion is not a right and the promotions are to be made at the discretion of the employer as and when the employer feels the requirement of the same.
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
A promotion is effective only from the date it is granted; there is no fundamental right to promotion, and retrospective promotion cannot be claimed absent specific service rules, even when vacancies....
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....
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
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.
No vested right to promotion exists if the position was downgraded before approval, despite eligibility.
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