BIHAR STATE ELECTRICITY BOARD AND OTHERS versus DHARAMDEO DAS

BIHAR STATE ELECTRICITY BOARD AND OTHERS versus DHARAMDEO DAS

The appeal is allowed on the ground that promotion takes effect from the date it is granted and not from the date a vacancy arises; completion of Kal Awadhi only makes an employee eligible to be considered and does not create a vested right to retrospective promotion absent express rule; administrative reduction in sanctioned posts was a valid administrative exigency and the Division Bench erred in directing retrospective promotion to 29.7.1997.

Parties
Appellant: Bihar State Electricity Board and Others; Respondent: Dharamdeo Das
Jurisdiction
India
Judgment Date
23 July 2024
Procedural Posture
Civil Appeal / Appeal to the Supreme Court Against Division Bench Judgment Dated 20.10.2011 of the High Court of Judicature at Patna in LPA No. 41 of 2008, Arising From Single Judge Order Dated 3.10.2007 in CWJC No. 9611 of 2005
Outcome
Appeal allowed
Legal Topics
Promotion, Right to Be Considered for Promotion, Retrospective Promotion, Seniority, Equality of Opportunity, Reservation (scheduled Caste), Kal Awadhi
Service Law Constitutional Law Administrative Law Promotion Right to Be Considered for Promotion Retrospective Promotion Seniority Equality of Opportunity +2 more

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Parties

Bihar State Electricity Board and Others

Appellant

Dharamdeo Das

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court Against Division Bench Judgment Dated 20.10.2011 of the High Court of Judicature at Patna in LPA No. 41 of 2008, Arising From Single Judge Order Dated 3.10.2007 in CWJC No. 9611 of 2005

Legal Issues

  1. 1 Whether promotion is to be reckoned from the date it is granted or from the date when a vacancy occurs or when the post is created
  2. 2 Whether completion of Kal Awadhi (qualifying service) creates a vested right to retrospective promotion
  3. 3 Scope of the fundamental right to be considered for promotion under Articles 14 and 16(1)

Ratio Decidendi

The appeal is allowed on the ground that promotion takes effect from the date it is granted and not from the date a vacancy arises; completion of Kal Awadhi only makes an employee eligible to be considered and does not create a vested right to retrospective promotion absent express rule; administrative reduction in sanctioned posts was a valid administrative exigency and the Division Bench erred in directing retrospective promotion to 29.7.1997.

Court Disposition

Appeal allowed

Orders

  • Impugned order dated 20.10.2011 passed by the Division Bench of the High Court of Patna is set aside
  • Order dated 3.10.2007 passed by the learned Single Judge is restored