Sumaina Sharma vs State of Jammu and Kashmir Case Summary
Sumaina Sharma vs State of Jammu and Kashmir - Supreme Court Important Judgment 2017 -
On 26th October, 2017, in the case of Sumaina Sharma & Ors. v. State of Jammu and Kashmir & Ors. [Civil Appeal Nos. 4594-4595 of 2017], the question in consideration was whether the private respondents, who were promotee Excise and Taxation Officers (ETOs), could be granted retrospective promotion from the dates when the vacancies occurred in the promotion quota.
It was held that “the normal rule is that a person is entitled to seniority only from the date when the said person actually joins the post. True it is, that there are exceptions and sometimes “in service” candidates can be granted promotion from a date anterior to their being regularly promoted/appointed. However, this can be done only if the rules enable retrospective appointment and on fulfilling the other requirement of the rules.”
In the case at hand, it was held that “the promotees could not have been given the benefit of retrospective promotion and seniority from a date when they were not even born in the cadre and not working against the post” and “this retrospective promotion also violates the provisions of Rule 9 of the Excise Rules.”