In Brief
Two retired civil service officers challenged orders denying or limiting their promotion to a higher grade (JAG-I). The High Court had granted them relief, holding one eligible under a DoPT circular and allowing the other retrospective promotion. The Supreme Court reversed, holding that: (1) voluntary retirees cannot claim promotion rights absent governing rules; (2) promotion to JAG-I is a true promotional post, not upgradation; (3) retrospective seniority cannot be granted from before the employee joined the cadre; and (4) promotion must be from the actual vacancy date after DPC clearance, not from a notional vacancy date. The Court reaffirmed that while employees have a fundamental right to be considered for promotion, there is no vested right to the post itself.
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