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Judgment
L. Narasimha Reddy, J
The applicant joined the service of Central Water Commission as Design Assistant on 20.04.1987. Thereafter, he was promoted as Extra Assistant
Director Class-II on 28.11.1990. The next promotion is to the post of Assistant Director. This is on the basis of the selection. The respondents issued
an order dated 30.04.2008 promoting the applicant and 18 others to the post of Assistant Director on the basis of the recommendations of the DPC.
This OA is filed with a prayer to direct the respondents to treat the promotion of the applicant to the post of Assistant Director w.e.f. 01.04.2007.
The applicant contends that the DPC did not meet for quite some years and the vacancies referable to various panel years preceding 2007
remained unfilled. He submits that the standing in the post of Assistant Director becomes necessary for promotion to the post of Deputy Director and
in that view of the matter it became necessary to seek the relief, as above.
We heard Ms. Richa Ojha, learned counsel for the applicant and Shri Vijendra Singh, learned counsel for the respondents.
The promotion of the applicant to the post of Assistant Director took place way back on 30.04.2008. From the words employed therein, it is evident
that the promotion is prospective, in operation. In case the applicant had any objection to that, he was expected to pursue the remedies at the relevant
point of time. Further, it is fairly well settled that no promotion can be ordered retrospectively, particularly, when the selection process is involved. The
only exception is where a junior to an officer is with effect from an earlier date and the senior was denied promoted at the relevant point of time. Such
is not the case here. Even if, there existed large number of vacancies, the fact remains that an employee would have only a right to be considered for
promotion, as and when it takes place, and has no right to be promoted, as such.
We do not find any merit in the OA. It is accordingly dismissed. There shall be no order as to costs.
Pending MA No.265/2021 shall stand disposed of.