In Brief
Direct recruits appointed as Excise and Taxation Officers challenged the retrospective promotion of junior officers who were promoted without ever having worked in the higher post. The Supreme Court held that while Rule 23 of the J&K Civil Service Rules permits retrospective promotion when a vacancy existed, such promotion requires the promotee to have actually worked in the higher post beforehand. Mere possession of vacancies and eligibility is insufficient. Since the promoted officers never worked as ETOs before their formal promotion, they could not be granted seniority from earlier dates, as this would unfairly disadvantage the direct recruits who had been selected through a competitive examination process. The Court allowed the appeal and restored the High Court's Single Judge's decision favoring the direct recruits."
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