Service Law – Promotion – West Bengal Service Rules- Rule 54(1)(a) – promotion cannot be retrospectively granted after retirement, as it requires the actual assumption of duties and responsibilities of the promotional post. (Para 18)- Promotion becomes effective from the date it is granted, rather than from the date a vacancy arises or the post is created. While the Courts have recognized the right to be considered for promotion as not only a statutory right but also a fundamental right, there is no fundamental right to the promotion itself. (Para 18-19, 21)
Constitution of India – Article 14,16 – While right to be considered for promotion is a fundamental right, there is no absolute/fundamental right to the promotion itself. (Para 19,21)