Supreme Court · 2017 INSC 1056 · Decided 26 October 2017
Sunaina Sharma & ORS. v. State of Jammuand Kashmir & ORS.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1056 · [2017] 10 S.C.R. 261
- Case number
- CIVIL APPEAL No. 4594/2017
- Decided
- 26 October 2017
- Bench
- MADAN B. LOKUR, DEEPAK GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14, 16
Headnote
A B Service Law: Promotion - Retrospective promotion - Promotees-Excise and Tax Officers seeking retrospective promotion from the dates when the vacancies occurred in promotion quoti1 - c Held: No person can be promoted with retrospective effect from a date when he was not born in the cadre - only from the date the person entered into that sen,ice - However, on a· combined reading of r. 9 of the Excise Rules and rr. 23 and 24 of the Civil Services Rules, the promotion can be granted on retrospective basis to promotee officers from a date on which the D clear-cut vacancy
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