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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJAY KUMAR MEDHI, BUDI HABUNG
Marto Kamgo Son of Late Kimar Kamgo – Appellant
Versus
State of AP – Respondent
JUDGMENT & ORDER :
(S. K. Medhi, J.)
The challenge in all these three writ appeals being identical, the same are taken up together for analogous hearing and are disposed of by this common judgment and order. Suffice it to mention that Writ Appeal No. 28 (AP) of 2024 and Writ Appeal No. 35 (AP) of 2024 arises out of a judgment dated 31.08.2024. It may further be mentioned that though two appeals have been preferred, they arise from the same batch of petitioners who had filed WP(C) 149 (AP) of 2023. In WA No.35 (AP) of 2024, 6 (six) of the petitioners have joined together, while the remaining petitioner has preferred WA No. 28 (AP) of 2024. Insofar as WA No.01 (AP) of 2025 is concerned, the same has been preferred against a judgment dated 19.12.2024 which, however, was delivered by following the earlier judgment dated 31.08.2024. The appellants are the writ petitioners.
2. Before going into the issues which have arisen for adjudication, the facts in brief, as projected in the writ petitions are given hereinbelow. For the sake of convenience, the facts are stated as per the writ appeals.
WA No.35 (AP) of 2024
3. In this appeal, there are 6 (six) appellants who were part of the writ petitio
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 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.
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
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....
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