'Promotion Effective Only On Assuming Duty': SC Denies Promotion Benefits To Retired Govt Employee

The Supreme Court on Wednesday held that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation, which would mean that an employee whose promotion was not effectuated before his retirement would not be entitled to retrospective promotion and the notional benefits attached to the promotion.A bench comprising Justice PS Narasimha and Justice Sandeep Mehta made the said observations in a plea filed by West Bengal government against the grant of notional benefits to a government employee, whose promotion to the post of Chief Scientific Officer (CSO) was approved post-superannuation.The state of West Bengal approached the court against the grant of notional benefits to the retired employee, whose promotion to the post of Chief Scientific Officer (CSO) was approved post-superannuation.The Administrative Tribunal had directed the state of West Bengal to provide the benefits of the promotional posts to the retired employee after noting that the promotion was not effectuated before his superannuation due to delays and laches on the state's part.The Tribunal had directed the state to provide the benefits of the promotional posts. The High Court then upheld the Tribunal's decision. The top court noted that in this case, it is evident that while the person was recommended for promotion before his retirement, he could not assume the duties of the Chief Scientific Officer. "Rule 54(1)(a) of the West Bengal Service Rules, clearly stipulates that an employee must assume the responsibilities of a higher post to draw the corresponding pay, thus, preventing posthumous or retrospective promotions in the absence of an enabling provision."While we recognize respondent No.1’s (the employee) right to be considered for promotion, which is a fundamental right under Articles 14 and 16(1) of the Constitution of India, he does not hold an absolute right to the promotion itself. The legal precedents discussed above establish that promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation," the order read.The court said that considering that the person superannuated before his promotion was effectuated, he is not entitled to retrospective financial benefits associated to the promotional post of Chief Scientific Officer, as he did not serve in that capacity.