S. M. SUBRAMANIAM, M. JOTHIRAMAN
Employees State Insurance Corporation – Appellant
Versus
M. Karunanidhi – Respondent
ORDER :
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records of the Central Administrative Tribunal Madras Bench pertaining to the order passed in O.A.No.1403 of 2012 dated 12.01.2017 and quash the same.
1. The lis on hand has been instituted questioning the validity of the final order passed by the Central Administrative Tribunal dated 12.01.2017 in O.A.No.1403 of 2012.
2. The Employees State Insurance Corporation represented by the Director General is the writ petitioner before this Court.
3. The first respondent instituted Original Application before the Central Administrative Tribunal seeking a direction to the petitioner to grant notional promotion with all consequential service and monetary benefits.
4. It is not in dispute that the first respondent was appointed as Assistant Director in the year 1987 and promoted to the post of Deputy Director in the year 1997. He was promoted to the post of Joint Director on 27.02.2009 and retired from service on attaining the age of superannuation on 30.11.2012.
5. The contention of the first responde
Promotion is not an absolute right; administrative delays do not confer rights to claim promotion, and mere eligibility does not guarantee promotion.
Retired employees are entitled to consideration for notional promotion and consequential benefits as per relevant regulations and judicial precedents.
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
Withdrawal of granted notional retrospective promotion without opportunity of hearing violates natural justice, especially where delay in DPC was administrative and employees eligible, entitling rest....
Notional promotion is not granted with retrospective effect unless there are exceptional circumstances or a rule permitting it.
Consideration for promotion is a fundamental right of an employee, and promotions cannot be claimed as an absolute right.
Notional promotion granted without financial benefits confirmed due to procedural delays affecting eligibility.
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