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AKIL KURESHI
Ranjan Chakraborty – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
Petitioner has prayed for a direction for granting him promotion with retrospective effect on the basis of the panel prepared by the respondents on 13.11.2009.
2. Brief facts are as under:
The petitioner was appointed in the police service as a constable on 11.02.1977. He was promoted to the post of Naik on 05.04.1985 and thereafter to the post of Head Constable (Havilder) on 10.11.1987.
3. A DPC for drawing a panel of suitable candidates for further promotion to the post of Sub-Inspector was convened in the year 2009. The DPC prepared a panel of eligible suitable candidates for such promotion on 13.11.2009. The name of the petitioner was placed at Sl. No.35 in the list as an unreserved candidate. Though the department operated the panel partially, the petitioner was not promoted till his retirement on superannuation on 30.06.2016. The petitioner has, therefore, filed the present petition.
4. Learned counsel for the petitioner Mr. Samarjit Bhattacharjee agreed that till his retirement, none of the persons junior (mentioned in the said select panel ahead of the petitioner) to the petitioner were promoted to the post of Sub-Inspector. He, however, submitted that several persons p
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.
The right to be considered for promotion is fundamental, but there is no absolute right to promotion itself; promotions are effective only upon assuming duties.
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.
(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....
Government servants are entitled to promotion based on seniority and vacancy availability; there is no automatic right to promotion without these conditions being met.
Point of Law : In case of a notional promotion from retrospective date, it cannot entitle the employee to arrears of salary as the incumbent has not worked in the promotional post.
The right to be considered for promotion is fundamental, but promotion is effective only upon assuming duties, and retrospective promotions are impermissible.
Promotion to administrative posts requires formal approval from the State Government; mere recommendations by the DPC do not confer an indefeasible right to promotion, especially post-retirement.
Promotion cannot be claimed as a matter of right; eligibility does not guarantee promotion without evidence of junior promotions.
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