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AKIL KURESHI, S. G. CHATTOPADHYAY
State of Tripura – Appellant
Versus
Pradip Kumar Debbarma – Respondent
| Table of Content |
|---|
| 1. consideration for promotion in service law. (Para 10 , 11) |
| 2. court's reasoning on promotion entitlement. (Para 12) |
| 3. final decision to reverse lower court ruling. (Para 13) |
JUDGMENT
Akil Kureshi; CJ.:--
This appeal is filed by the State Government to challenge the judgment of the learned Single Judge, dated 29th January 2021, passed in WP(C) No.437/2017. The respondent herein original petitioner had filed the said petition with a prayer that he should be promoted to the post of Sub-Divisional Controller considering his total length of service and seniority and that such promotion should be granted with retrospective effect from the year 2010.
Briefly stated, the facts are that the petitioner was appointed as a Junior Store Keeper in the State service on 30th April 1990 in the Directorate of Food and Civil Supplies Department. Under a memorandum, dated 20th April 1998, a charge sheet was framed against the petitioner. The disciplinary authority held that the charges were proved. Appellate authority confirmed the decision. This resulted into imposition of penalty on the petitioner in the year 2003 by which a recovery of an amount of Rs.2,44,238/- was ordered against th
Government servants are entitled to promotion based on seniority and vacancy availability; there is no automatic right to promotion without these conditions being met.
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.
A mere inclusion in a promotion panel does not create a vested right to promotion; candidates are entitled only to consideration for promotion within valid administrative discretion.
(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....
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
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 cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
(1) Right to promotion and subsequent benefits and seniority would arise only with respect to rules governing said promotion, and not a different set of rules which might apply to a promoted post fac....
The main legal point established in the judgment is that promotion decisions should be based on merit with due regard to seniority, as per the Orissa High Court (Conditions of Service of Staff) Rules....
Entitlement to promotion against a specific vacancy year is contingent upon a junior's promotion preceding the claimant's promotion.
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