Retrospective or notional promotion

  1. It is settled principle of law that retrospective or notional promotion can be given to a civil servant only in case when the post was available in the department or the same was occupied by civil servant in any capacity. Shaukat Tanveer  v. Azad Govt. & another 2003 SCR 177 (A)
  2. Two necessary prerequisites are that in case of retrospective promotion either the post should be occupied by the civil servant concerned or the same should be vacant. Shaukat Tanveer  v. Azad Govt. & another 2003 SCR 177 (B)
  3. If a post was in existence and a civil servant was eligible for promotion but was ignored for no fault on his part, his case of notional promotion can be considered — It is indeed correct that it is within the discretion of competent authority to award a proforma promotion to any civil servant provided it is just and equitable and does not adversely affect the rights of any other civil servant. Shaukat Tanveer v. Azad Govt. & another 2003 SCR 177 (C)
  4. It is settled principle of law that retrospective or notional promotion can be given to a civil servant only in case when the post was available in the department or the same was occupied by the civil servant in any capacity. M. Luqmanv.Malik Ejaz Ahmed 2016 SCR 1690 (A)2003 SCR 177, rel.
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