A promotion is effective only from the date it is granted; there is no fundamental right to promotion, and retrospective promotion cannot be claimed absent specific service rules, even when vacancies exist, as mere eligibility does not confer a vested right to be promoted.

O R D E R

Justice K.Haripal, Judicial Member

At the time of filing the Original Application, the applicant was a Junior Secretariat Assistant in the office of the 4th respondent. He had started service as a Group-D employee on 03.06.1992. Later, he passed SSLC in 1994 and acquired qualification of Typewriting Lower in 1997 and Higher in 2000. He also acquired qualification in Computer Operation in 2001. According to the applicant, on completion of 13 years of service, that is on 03.06.2005, he should have been promoted as LD Clerk as he had acquired required qualifications for the post. When the representations were not considered, he moved this Tribunal with O.A.1247/1999, which was disposed of by Annexure-A1 order directing the respondents to consider and dispose of his representation. However, he was not promoted and that prompted him to file a second O.A., that is O.A.1003/2012. By Annexure-A2 order dated 18.01.2016 this Tribunal disposed of that O.A. directing to promote him as LD Clerk. The contention of the respondents that he did not have necessary speed in Typewriting was not upheld by the Tribunal. On the basis of the standing instructions, the Court held that he should be promoted first leaving the question of acquiring Typewriting test within a period of one year from the date of appointment as LD Clerk, failing which he should not be given annual increment etc. When the respondents did not implement the order, the applicant moved this Tribunal with M.A.633/2016 for implementing the order, and finally, after giving an outer time limit the Annexure-A4 order was passed, a few days prior to the expiry of period fixed by the Tribunal, granting him promotion as Junior Secretariat Assistant with effect from 15.03.2018.

2. According to the applicant, he had become eligible to be promoted as LD Clerk or Junior Secretariat Assistant on 03.06.2005 on completion of 13 years of service or he should have been granted promotion on attaining the age of 45 years in December 2007, when he was entitled to get permanent exemption from passing the test. So, atleast in 2005 or 2007 he should have been promoted, which was not done and thus he claims antedating the date of promotion from 15.03.2018 to 2005 or 2007, as the case may be, atleast on his attaining the age of 45 years. Annexure-A8 representation submitted by him has not been considered. Thus he has approached the Tribunal this time seeking a direction to the respondents to consider antedating the promotion on completion of 13 years of service or on crossing 45 years age, to call for the records leading to the issue of Annexure-A4 and to set aside the same to the extent granting promotion to the applicant from 15.03.2018 and to direct the respondents to consider and pass orders on Annexure-A8 representation.

3. Referring to Annexure-A2 he said that this Tribunal has categorically held that passing of Typewriting test is not a pre-condition for grant of promotion, that on attaining 45 years age he had become eligible for permanent exemption from passing the test, still there is no justification in denying him promotion from 2005 or 2007, as the case may be. Moreover, even though he has litigated thrice before, his case has not been considered appropriately and he should have been granted promotion from 2005 or 2007 instead of on 15.03.2018.

4. It has also been submitted that there were sufficient vacancies in the post of Assistant-A consequent to the promotions granted through Annexure-A7, that he is a Scheduled Caste candidate and there is no justification in denying him the benefit of promotion from 2005 or 2007 and therefore Annexure-A4 is liable to be quashe