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S. M. SUBRAMANIAM
A. Shanmugam – Appellant
Versus
Deputy Inspector General of Police, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records on the file of the third respondent herein in Na.Ka.No.2/74314/ 2010 dated 17.12.2013 and quash the same and to issue consequential directions to the respondents herein to promote the petitioner as Head Constable with effect from the date of his original order of promotion, i.e., 18.11.1989 and to declare that his probation in the post of Head Constable is completed on 17.11.1991, so as to enable him to receive all consequential benefits, on notional basis.)
1. The employees, who have slept over their rights, cannot wake up one fine morning and knock the doors of the Court for the purpose of redressal of their grievances, which all are otherwise lapsed on account of efflux of time.
2. In the present case, the writ petitioner was appointed as Grade-II Police Constable on 23.12.1985 and promoted as Grade-I Police Constable on 01.11.1989 and thereafter as Head Constable on 08.12.1989. The petitioner was promoted as Sub-Inspector of Police on 01.04.2003 and thereafter as Inspector of Police on 22.07.2011. Even at th
Settled seniority cannot be unsettled after the lapse of several years, and belated claims for retrospective promotion can disrupt the established seniority and promotion positions.
The court upheld the validity of a change in promotion criteria and ruled that the petitioners' claims for retrospective promotion were barred by res judicata due to a prior judgment.
Consideration for promotion is a fundamental right of an employee, and once retrospectively promoted, the benefit of the retrospective promotion should be extended for further promotion.
Retrospective promotions in public service must adhere to established procedures and cannot disrupt settled seniority.
Retrospective promotions in public service must adhere to established procedures and cannot disrupt settled seniority.
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