In a significant ruling, the Patna High Court has held that an employee's promotion in the government sector becomes effective only from the actual promotion date or upon approval by the Departmental Promotion Committee (DPC), and not retrospectively from the date they assumed the current duty charge. The court emphasized that merely holding additional charge of a higher post does not entitle an employee to retrospective promotion benefits.
The case involved a respondent who was appointed as an Assistant Engineer in the Civil Construction Wing of All India Radio on December 19, 1990. He was granted financial upgradation to a Grade Pay of ₹6600/- effective from December 18, 2002. In 2010, he was assigned the current duty charge of Executive Engineer, effective from November 30, 2010. The appointment letter explicitly stated that this arrangement would not confer any monetary benefits or claim to seniority. Later, the respondent was promoted to the post of Executive Engineer on February 25, 2020.
The respondent sought regularization of his promotion from the date he began holding the charge, but this was denied. The Central Administrative Tribunal (CAT) directed the petitioners to regularize his promotion with effect from November 30, 2010, granting him all consequential benefits. The Union of India challenged this order before the High Court.
The High Court, relying on the Office Memorandum dated April 10, 1989, issued by the Ministry of Personnel, Public Grievances & Pensions, observed that promotions can only have prospective effect. The court cited the case of Government of West Bengal and Others Vs. Dr. Amal Satpathi and Others, where it was held that a promotion becomes effective only from the date it is granted and not from the date a vacancy arises or an employee starts working in a temporary capacity.
Consequently, the High Court set aside the CAT's order, affirming that the respondent's promotion was effective only from the actual promotion date or DPC approval, and not retrospectively from the date of the current duty charge. This judgment reinforces the principle that holding additional charge does not equate to a formal promotion and does not entitle an employee to retrospective benefits.
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