VidhiSangh

Supreme Court of India · 23/07/2024

BIHAR STATE ELECTRICITY BOARD AND OTHERS versus DHARAMDEO DAS

[2024] 7 S.C.R. 763 · 2024 INSC 549

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Completion of the minimum qualifying service for promotion gives eligibility for consideration, not an automatic right to promotion from that date. The Court rejected the employee’s claim to retrospective promotion as Joint Secretary and restored the Single Judge’s order upholding the Electricity Board’s decision.

Issues

  1. Whether completing the Kal Awadhi under the Board’s resolution created an automatic right to promotion.
  2. Whether promotion could be backdated from March 2003 to July 1997 on the basis of eligibility or an asserted vacancy.

Provisions considered

Held

Result

Appeal allowed; Division Bench order directing retrospective promotion set aside. Single Judge’s order dismissing the employee’s writ petition restored. Parties to bear their own expenses.

Judgment PDF: Supreme Court of India, [2024] 7 S.C.R. 763.