Government Of West Bengal Vs Dr. Amal Satpathi 2024 INSC 906 - Service - Promotion
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Does promotion become effective from the date it is granted, the date a vacancy arises, or the date the post is created?
Service Law - Promotion - West Bengal Service Rules- Rule 54(1)(a) - promotion cannot be retrospectively granted after retirement, as it requires the actual assumption of duties and responsibilities of the promotional post. (Para 18)- Promotion becomes effective from the date it is granted, rather than from the date a vacancy arises or the post is created. While the Courts have recognized the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to the promotion itself. (Para 18-19, 21)
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is there fundamental right to the promotion itself?
Constitution of India - Article 14,16 - While right to be considered for promotion is a fundamental right, there is no absolute/fundamental right to the promotion itself. (Para 19,21)