SUNAINA SHARMA vs THE STATE OF JAMMU AND KASHMIR

The Supreme Court addressed the issue of retrospective promotion of promotee Excise and Taxation Officers (ETOs) under the J&K Excise & Taxation (Gazetted) Recruitment Rules, 1977. The Court held that the promotees were entitled to retrospective promotion from the date the vacancies occurred in their promotion quota, as per Rules 23 and 24 of the J&K Civil Service (CCA Rules), 1956. The judgment of the Division Bench, which allowed such promotions, was upheld, affirming that seniority could be assigned based on the date of vacancy rather than the actual appointment date.