In Brief
The Supreme Court ruled that promotee Excise and Taxation Officers in Jammu & Kashmir could not be granted retrospective promotion from dates when vacancies occurred unless they had actually worked against the higher post prior to formal promotion. The Court held that while Rule 23 of the Civil Service Rules permits retrospective appointments, two conditions must be met: a vacancy must have existed, and the person must have been continuously on duty in that specific cadre from that date. Service in a lower cadre does not count. The Court rejected the promotees' claim that they should receive seniority from when vacancies arose in their quota, as they never worked as ETOs before formal promotion and were not 'born in the cadre' at that time. The Court set aside the High Court Division Bench order and restored the Single Judge's decision favoring the direct recruits.
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