VidhiSangh

Supreme Court of India · 19/01/2022

SUSHIL KUMAR versus THE STATE OF HARYANA & ORS

[2022] 16 S.C.R. 279 · 2022 INSC 67

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Summary

A constable sought retrospective promotion under the outstanding-performance quota because the Superintendent’s earlier recommendation had not been approved by the Inspector General. The Court held that the recommendation was provisional and subject to scrutiny, approval and statewide comparative selection. The later acceptance of the same achievements did not establish arbitrariness in an earlier year, when the competing candidates differed. Finding no illegality in the selection process, the Court dismissed the appeal.

Issues

  1. Whether the Inspector General could withhold approval of a departmental recommendation for the outstanding-performance quota.
  2. Whether later promotion on the same achievements established a right to retrospective promotion.

Provisions considered

Held

Result

Appeal dismissed; no retrospective promotion directed; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 279.