Service Law
Retrospective promotion—Whether can be granted—Petition for setting aside of circular to extent where eligibility date for consideration for LDC Examination has been notified—Retrospective promotion is not prohibited in certain exceptional cases, however, unless the rules exist permitting the retrospectivity to a promotion with effect from the date when the vacancy arose specifically, there could not be a situation where promotion can be granted retrospectively—Eligibility condition of one year service in the minimum eligible category/grade, as stipulated in the circular in question, could not have been fulfilled by the petitioner and hence would not be eligible to apply for or appear for the LDC Examination covered under the said circular—Petition dismissed.
[Paras 17 & 22]