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Service Matter: Promotion retrospectively from 2002 on uncommunicated


08-Dec-2023 (In Civil Law)
I was not promoted in 2002 due to average gradings/ratings in 3 years ACRs from 1997-98 to 1999-2000. Benchmark for promotion was 'good' but average gradings were not communicated to me but DPC considered average gradings. I filed CWP in 2002 but was dismissed inter alia that uncommunicated adverse remarks are not one of grounds taken or mentioned in the petition. Now the law has been settled by Supreme Court that uncommunicated remarks cannot be acted to deny promotion. Can I file CWP now in 2018 and seek promotion retrospectively from 2002 citing various judgments of Supreme Court especially delivered in 2013 and in laters. What should do since the case is about 18 years old from 2002 to 2018. Please advise. However, two other cases of later years are still pending, which will become infructuous if I get promotion retrospectively from 2002. Thanks in advance.
Answers (1)

Answer #1
689 votes
Considering the above scenario, you should rather file a writ appeal or an LPA against the earlier CWP you had filed before the high court on the ground that the law has been settled by the Supreme Court recently
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