Civil Procedure Code (CPC)

Effective date of promotion


Sir, what should be the effective date for promotion if all other criteria is eligible?? whether it is the date of promotion exam or the date of result of promotion exam?? Once exam is over, isn't the result is inevitable?? Kindly share ur opinion please
 
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Advocate

You have not posted the complete facts.

 
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Facts as follows - A service personnel is holding a particular rank w.e.f 17 Aug 1999 and holding that same rank for 3 yrs is mandatory for getting promotion to the next rank subject to clearing of promotion exam. Date of completion of 3 yrs in that particular rank is 17 Aug 2002. However, the person could appear for promotion exam on 13&14 Aug 2002 just before completion of eligibility period. Subsequently, the result was declared in the month of Nov 2002 and the effective date of promotion was given from 01 Sep 2002. Here, the rationale behind giving effective date of promotion w.e.f.01 Sep 2002 instead of 17 Aug 2002 is not understood. Here, it may be noted that in previous cases, even though the result is declared subsequently, the effective date of promotion was considered right from the date of promotion exam. Kindly opine whether date of exam is relevant in the context of above mentioned facts. Due to the matter of 1 day, individual is suffering huge monetary loss in pensionary benefits.
 
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Advocate

Tou are still playing hide and seek with the facts.

 
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I had given all the facts to the best of my knowledge, except individual and organisation particulars. I don't understand playing hide and seek.
 
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