JAMMU, May 6 -- Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court holds that An employee has a right to be considered for promotion as and when the matter regarding filling up of the posts by promotion is taken up by employer.
While dismissing the petition, Justice Sanjay Dhar further observed that merely because there is a promotional post available for being filled up does not give a right to an employee to claim promotion from the date when the said post became available. An employee cannot claim retrospective seniority or promotion unless the rules or statute governing the field provide for the same. In normal circumstances, a promotion or recruitment to a post takes effect from the date when an order to this effect is issue...