....20. By an order dated 18-1-2005, the State of U.P issued an amended promotion order by which 45 persons have been granted retrospective seniority, some from 1-1-1979 i.e from a period of 12 year...should not have directed the State to grant retrospective promotion and seniority.•That the vacancies arose in the promotee quota of Forest Rangers for the...become entitled to promotion ahead of the direct recruits far in excess of the quota.•That no retrospective promotion or seniority can be granted from a date...

.... h) The petitioner's demand for retrospective seniority, promotion, and monetary benefits from 1998 is contrary to law, and the appointment can only take effect from the date of order...retrospective seniority or promotion was granted even in those judgments. 9 n) The present petition is thus a second attempt to...; c) command and direct the respondents to grant all consequential service benefits including seniority w.e.f. 1998 as Teacher, promotion to the post of Master from the...

...has to be decided on the basis of rules in force on the date of appointment, no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre...he should be given promotion and seniority from that year and not from 1999, when his actual appointment letter was issued by the appellant. This cannot be allowed as no retrospective effect can be...promulgated the U.P Agriculture Group II Service Rules, 1995 providing for the selection, appointment, probation, seniority, promotion, etc. Rule 21 states that the date of substantive appointment will be the...

... 11. No retrospective seniority/promotion can be fixed from a date prior to entry in the cadre or when the employee was not in service..., ignoring the superior seniority of the applicants. The applicants contend that such action has resulted in grave prejudice as they were denied the benefit of regularization/promotion as ZEOs during...the applicants in the Headmasters' seniority list. Many applicants retired between 2008-2020 while serving as In-charge ZEOs. Once the Department granted retrospective regularization to juniors...

...referring to these judgments that:“37. We are also of the view that no retrospective promotion or seniority can be granted from a date when an employee has not even been.... …38. This Court has consistently held that no retrospective promotion can be granted nor can any seniority be given on retrospective basis from a date when an employ...the date on which they were given notional retrospective seniority. The case law suggests that this is an important factor to be considered. Finally, it is quite clear that the grant of retrospective seniority to t...

...retrospective effect provided such retrospective promotion does not affect the right and seniority already earned by others. The petitioners-respondents 1 to 5 who were senior to the promotee-respondents 6...Service, Class II earlier to the promotion to the said post of respondents 6 to 23. It has also been submitted in this connection that the seniority has to be reckoned amongst the officials working as...retrospective effect from a date when he was not born in the cadre so as to adversely affect others. It is well settled by several decisions of this Court that amongst members of the same grade seniority...

...: '37. We are also of the view that no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so... retrospective promotion can be granted nor can any 15 1991 Supp (1) SCC 334 16 199... entitled to retrospective promotion after his superannuation, should be awarded notional financial benefits for the promotional post of Chief Scientific Officer as of his...

...directing the State Government to consider their case for promotion as senior statistical assistants with retrospective effect. As the .objections to the seniority list published on May 3, 1963 were...) ACT: Mysore State Civil Services General Recruitment Rules, 1957, r. 4(3) (b)-Promotion to next grade-Persons eligible not considered and juniors in seniority...to be made by selection on the basis of seniority-cum-merit, that is seniority subject to the fitness of the candidate to discharge the duties of the Post from among persons eligible for promotion...

...Geophysicists on their promotion, according to their seniority and eligibility with retrospective effect, adjusting them against the vacancies of the respective years when they qualified for these posts. In...rules entitling the applicants to claim promotion from the year the vacancy arose, the Tribunal had committed an error in directing retrospective promotion and giving seniority w.e.f the year of the...forma promotion and retrospective seniority w.e.f the date of vacancy when they were eligible, ought not to have been issued. However, taking into consideration the fact that the said promotions were effected in 2001 and af...

...of the view that no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to adversely affect the direct recruits appointed...….… 38. This Court has consistently held that no retrospective promotion can be granted nor can any seniority be given on retrospective basis from... "considered" for promotion, which is his personal right. "Promotion" based on equal opportunity and seniority attached to such ...

..., will be entitled retrospective notional promotion and seniority from the date his juniors were promoted. For the reasons recorded in para 3 above, the applicant will not be, however, entitled to any...Forests. We accordingly direct that a fresh DPC be constituted for evaluating the applicant's claim for promotion with retrospective effect. The DPC shall not take into consideration the adverse remarks...Transferred Application No. 1794 of 1988 dated 5-3-1993. The only question in this appeal is whether the claim for promotion as Assistant Forest Conservator was considered in accordance with Rules. We have...

...-2-1985 except that in the event of refixation of seniority and notional promotion with retrospective effect, they would be entitled only to refixation of their present pay which should not be less...circumstances, they are entitled to refixation of inter se seniority on the said basis and promotions with retrospective effect together with back wages. After considering the judgment of the High Court of...Tribunal noticed that the Allahabad High Court and the various Benches of the Tribunal have concluded that the applicants are entitled to promotion, refixation of inter se seniority and consequential...

...case that the decision of the Government to grant him promotion retrospectively was qualified by a condition that he will not be entitled to seniority. If he was granted retrospective promotion without any qualific...first respondent, D.C Panda promotion to the post of Assistant Controller with retrospective effect was correct? The High Court has approved the promotion. We think that the High Court was right in.... This view of the High Court seems to be unassailable for the reason that once the first respondent was granted pro forma promotion retrospectively his seniority had to be fixed from the date on which...

..., relating to a similar situation as the present matter, where the Courts have held that if seniority/promotion is denied to an employee because of the mistake of the administration or delay in appointment and due to no fault of the...appreciation of the case please. This issues with the approval of General Manager. 7. The matter regarding fixation of seniority and promotion to an employee because...such in OFBL., Badmal; b) Direct that the applicant be placed above Gyana Ranjan Dash in the relevant seniority list; c) Direct the respondents no. 1 to 3 to provide...

...and grant her retrospective promotion with effect from the date her junior was granted promotion, as per final seniority list of Master/Mistress dated 19.06.2019 (Annexure P-12...petitioner would be considered for retrospective promotion after finalization of seniority list as per direction/order dated 16.12.2016 passed by this Court in CWP-185- 2014. 3. Notice of...

..., where the Courts have held that if seniority/promotion is denied to an employee because of the mistake of the administration or delay in appointment and due to no fault of the applicant/employee, then the authorities are bound to ...O.A. The Tribunal without deciding the inter se seniority in the cadre of Asstt. Executive Engineers had directed the Railway Administration to consider his case for promotion...as Executive Engineer for the years 1984, 1985 and 1986 and if found fit for promotion in any of the posts, to give him promotion for that year and to fix seniority among...

...(2006) 10 SCC 346, JT (2006) 12 SC 513 where in para 18 this Court has taken a view that no retrospective promotion or seniority can be granted...constituted another Departmental Promotion Committee (hereinafter referred to as “DPC”, for short) and the present appellants were awarded the notional promotion with retrospective effect i.e from December...is certain that the appellants did not have right to claim a retrospective seniority, particularly over and above the respondents who had been working in the post of ACF right from July 1996...

.... … seniority has to be decided on the basis of rules in force on the date of appointment [and] no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in...respondent was rejected and it was clearly stated that seniority had been accorded to him from the date of passing of the order of promotion i.e 16-8-2005.5. Grieved by the order...rejecting the representation Respondent 1 preferred WP No. 1268 (S/B) of 2008 before the High Court contending, inter alia, that he was entitled to be given retrospective seniority with effect from...

...question involved in this matter is whether such retrospective promotion or seniority can be granted or not?3. The moot question came up before this Court in various matters.... But there is a conflict of opinion on this issue. Some judgments have recognised the retrospective seniority and in some cases it has not been accepted.4. Normally, there are two modes of service i.e one.... 940 dated 1-2-1991. They were given retrospective seniority with effect from 31-12-1990. According to Rule 6(2) of the West Bengal Services (Determination of Seniority) Rules, 1981 (hereinafter to be...

...dated 26.03.1996 with all consequential benefits such as retrospective promotion, seniority, fixation of pay, etc.B. Rajendran, J.:— Today when these matters are taken up for...issue a Writ of Mandamus, directing the respondent to refix the seniority of the petitioner in the cadre of Assistant/Rural Welfare Officer Grade I published in the proceedings bearing ROC No. PA2/22979.../2000 dated 28.03.2001 of the respondent herein based on the feeder category seniority list of Junior Assistants/Rural Welfare Officer Grade II published in the proceedings bearing ROC. No. PA3/885/95...