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| Employee entitled to promotion only from date of consideration, not retrospectively: HC | | | Early Times Report
JAMMU, May 6: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court holds that An employee has a right to be considered for promotion as and when the matter regarding filling up of the posts by promotion is taken up by employer.
While dismissing the petition, Justice Sanjay Dhar further observed that merely because there is a promotional post available for being filled up does not give a right to an employee to claim promotion from the date when the said post became available. An employee cannot claim retrospective seniority or promotion unless the rules or statute governing the field provide for the same. In normal circumstances, a promotion or recruitment to a post takes effect from the date when an order to this effect is issued and not from a date anterior to the same.
Court further observed that it is not open to the petitioner to claim retrospective promotion from the date he actually became eligible for promotion. He is entitled to promotion from the date his case was considered by the respondent Corporation, which in the instant case has been done in the year 2023, whereafter he has been granted promotion in terms of Order No.197 of 2023 dated 29.05.2023 with effect from 26.04.2023. The claim of the petitioner is, therefore, not legally tenable.
The petitioner Mohammad Ashraf Mir through the medium of present petition has sought a direction upon the respondents to promote him as Block Manager from the date his promotion is due. As per case of the petitioner, he is holding the substantive post of Field Supervisor in J&K State Forest Corporation. It has been submitted that as per Jammu and Kashmir State Forest Corporation Employees (Condition of Services) Amendment Regulations, 2010 (hereinafter for short "the Regulations of 2010"), the next promotion of Field Supervisors is to the post of Block Manager. As per the Regulations of 2010, the posts of Block Managers are to be filled up 40% by direct recruitment, 15% by promotion from Field Supervisors who are graduates and having a minimum of five years services as Field Supervisors and 45% by promotion from Field Supervisors who are matriculates and having a minimum eight years service as Field Supervisors. According to the petitioner, he appeared in Bachelor of Arts examination during Session February-March, 2018 and also completed eight years of service as Field Supervisor and, thus, became eligible for promotion to the next higher post of Block Manager on both counts i.e. on account of being graduate Field Supervisor and also on account of his seniority.
—JNF |
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