In Brief
The Union of India challenged the Tribunal's order directing retrospective promotion and seniority to respondent Geophysicists from the dates vacancies arose (1984–2001), when no Departmental Promotion Committees (DPC) were held. The Supreme Court held that absent specific statutory authorization, promotion vests from the date it is granted, not from when the vacancy arose. Retrospective seniority cannot be conferred without express service rules. However, as promotions had already been effected in 2001, the Tribunal's order implemented in 2003, and most beneficiaries had superannuated, the Court declined interference despite the legal invalidity of the directions."
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