Promotions can't be with retrospective effect: SC

Press Trust of India
Posted online: Tuesday, January 02, 2007 at 1440 hours IST


New Delhi, January 2: No retrospective effect can be given to an order of promotion, the Supreme Court has ruled.

Upholding an appeal filed by the Uttaranchal Government a Bench comprising Justices A R Lakshmanan and Altamas Kabir felt that granting promotions with retrospective effect was not only against certain rules but would also be unreasonable and against common parlance.

The Bench rejected the plea of the employee Dinesh Kumar Sharma, who claimed that he should be promoted from the date of vacancy and not from the date as decided upon by the selection panel.

Sharma, who was working as a Senior Chemical Assistant, Research (chemistry) Branch, Department of Agriculture in the Uttaranchal Government, was promoted to his next higher post in 1999.

It was claimed by Sharma that since the vacancy for the promoted post arose in 1995-1996, he was entitled for the promotion from the said year with all related benefits; a contention which was upheld by the High Court.

In its appeal before the apex court the State Government complained that the employee obtained a favourable order from the High Court after concealing the fact that his three representations to the appropriate authority for consideration of the retrospective promotion had already been rejected.

However, the apex court rejected the employee's contention and held that promotions cannot be made with retrospective effect and the right to constitute the selection committee against the vacancy is vested in the Government.

"This court has categorically held that seniority must be reckoned from the date of substantive appointment under the relevant rules and also that the right to frame rules for the determination of inter-se seniority is the prerogative of the State," the Bench observed.

The Bench further observed that the High Court took an erroneous view of the dispute and committed an error by directing the State Government to promote the employee with retrospective effect.

Accordingly, the Bench set aside the High Court order and upheld the Government's contention that the promotion would be effective only from the date from which the employee was actually promoted.