Supreme Court of India · 2008-03-31
Nirmal Chandra Sinha vs Union Of India & Ors
- Court
- Supreme Court of India
- Petitioner
- Nirmal Chandra Sinha
- Respondent
- Union Of India & Ors
- Author
- Markandey Katju
- Bench
- H. K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that promotions in government service take effect from the date they are granted, not from the date of vacancy or creation of the post, as established in previous rulings including Union of India vs. K.K. Vadera (1989) and State of Uttaranchal vs. Dinesh Kumar Sharma (2007). The Court dismissed the appeal of Nirmal Chandra Sinha for notional promotion from an earlier date, while allowing the Union of India's appeal against the High Court's partial grant of such promotion. The decision clarified that eligibility for promotion must adhere to the stipulated tenure requirements.