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march 2008

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.

Nirmal Chandra Sinha vs Union Of India & Ors · Niyam