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N. UNNI KRISHNAN NAIR
Nani Pussang, Son of Late Nani Nipa – Appellant
Versus
State of AP represented by the Chief Secretary – Respondent
JUDGMENT :
Heard Mr. H. Lampu, learned counsel for the petitioner. Also heard Ms. P. Sangeeta, learned Government Advocate for the respondent nos. 1 & 4 and Mr. L. Perme, learned Standing Counsel for the Power Department representing the respondent nos. 2 & 3.
2. The challenge in the present proceedings, is to the minutes of the Departmental Promotion Committee (DPC) dated 27.05.2022, recommending the promotion of the petitioner w.e.f. the date of the DPC meeting. The grievance of the petitioner is that his officiating promotion as Assistant Engineer (Electrical) w.e.f. 26.09.2019 was not reckoned and seniority came to be assigned to him, in the cadre of Assistant Engineer (Electrical) only from the date of the meeting of the DPC.
3. The facts requisite for consideration of the issue arising in the present proceeding are noticed as under:-
The petitioner, who is a diploma holder in Electrical Engineering, was appointed as a Junior Engineer (Electrical) in the Power Department, vide order dated 21.01.1994. In terms of the Rules holding the field, the next promotional avenue available for an incumbent in the post of Junior Engineer (Electrical) are the posts figuring in the cadre of Assi
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Promotion and seniority can only be awarded retrospectively when vacancies exist at the time of officiating promotions, and the Department must reevaluate claims based on factual evidence.
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....
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 a fundamental right under Articles 14 and 16 of the Constitution of India, and denial of timely consideration constitutes a violation of these rights.
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
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.
Promotion is not a vested right and an employee only has the right to be considered for promotion.
(1) Promotion – Promotion is effective from the date it is granted and not from the date when vacancy occurs on subject post or when the post itself is created – There is no fundamental right to prom....
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