Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2003 Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules Andaman and Nicobar Islands National Capital Territory of Delhi Lakshdweep |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshdweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003 – r. 4, 7 – Claim by respondent-retired seeking benefit of pay-upgradation – Held: It is a trite law that once an officer retires voluntarily there is cessation of jural relation between the employer and the employee and such an employee cannot seek to agitate his past, as well as, future rights, if any, sans the prescription of rules – Service Law. National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshdweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003 – r. 4, 7 – Claim by respondent-in-service seeking the effect of promotion so granted from retrospective effect – Held: A mere existence of the vacancy per se will not create a right in favour of an employee for retrospective promotion when the vacancies in the promotional post is specifically prescribed under the rules – Since the respondent-in-service was given promotion after successful consideration by the department promotion committee, appellant rightly fixed the promotion with the year of actual vacancy, as per rules – Service Law. Service Law: Promotion – Differentiating applicability of two set of Rules – A right of promotion and subsequent benefits and seniority would arise only with respect to the rules governing the said promotion and not a different set of rules which might apply to a promoted post facilitating further promotion which is governed by different set of rules. |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2022 INSC 279 |
Petitioner | Union Of India & Anr. |
Respondent | Manpreet Singh Poonam Etc. |
SCR | [2022] 2 S.C.R. 764 |
Judgement Date | 2022-03-08 |
Case Number | 517-518 |
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