1. Background

• Parties Involved:

  • Appellants: Government of West Bengal and its agencies.
  • Respondent: Dr. Amal Satpathi, a retired Principal Scientific Officer.

• Key Issue:

  • Whether a government employee, recommended for promotion before retirement but not appointed due to administrative delay, can receive notional financial benefits for the higher post.

• Promotion Timeline:

  • Dr. Satpathi became eligible for promotion in January 2016 following changes in recruitment rules.
  • The Public Service Commission (PSC) recommended his promotion on December 29, 2016, just two days before his retirement (December 31, 2016).
  • Final approval was granted on January 4, 2017, after his superannuation.

2. Tribunal and High Court Observations

• Tribunal (June 2019):

  • Retrospective promotions after superannuation are impermissible under Rule 54(1)(a) of the West Bengal Service Rules.
  • Recommended notional financial benefits for pensionary adjustments considering delays were administrative.

• High Court (February 2023):

  • Upheld the Tribunal's order, emphasizing no fault lay with the respondent.

3. Supreme Court’s Ruling

(i) Legal Framework

• Rule 54(1)(a), West Bengal Service Rules:
  • An employee can draw higher pay only upon assuming responsibilities of the promoted post.

(ii) Key Principles Highlighted

• Promotion and Fundamental Rights:

  • Right to be considered for promotion is a fundamental right under Articles 14 and 16 of the Constitution.
  • However, actual promotion requires assumption of duties and is not a vested right.

• Judicial Precedents Cited:

  • Union of India v. N.C. Murali (2017): Retrospective promotion is impermissible without enabling provisions.
  • State of Bihar v. Akhouri Sachindra Nath (1991): Retrospective seniority cannot adversely affect others in service.

(iii) Observations

• The delay in promotion was administrative but does not justify granting notional financial benefits as the respondent never assumed the duties of the Chief Scientific Officer.
• Allowing such benefits would contravene Rule 54(1)(a) and established service jurisprudence.

Final Decision:

• High Court and Tribunal orders set aside.
• Appeal allowed with no costs awarded.

Relevant Acts and Sections:

• Rule 54(1)(a), West Bengal Service Rules, 1971
• Articles 14 and 16, Constitution of India

Ratio Decidendi:

Promotion entails not only eligibility but also the assumption of duties. Retrospective financial benefits cannot be granted to a government employee for a post whose responsibilities were not undertaken, even if administrative delays occur.

Subjects:

#ServiceLaw #PromotionRules #Retirement #AdministrativeDelay #Rule54WestBengal