In Brief
Two Indian Administrative Service officers retired voluntarily and subsequently sought retrospective promotion to a higher grade, claiming entitlement to seniority from an earlier date. The Union of India challenged High Court orders that had granted them relief based on a pay-upgradation circular. The Supreme Court held that a retired employee cannot claim retrospective promotion once their employment ends. Seniority must be counted from actual entry into the grade, not from notional vacancy or selection list inclusion. The Court affirmed that promotion is a right to be considered in accordance with rules, not a vested right, and that retrospective seniority cannot be granted from dates when an officer was not borne on the cadre. The appeals were allowed and the High Court's orders set aside.
The lawyer headnote and full judgment text are available to registered users.