The High Court of Jammu & Kashmir and Ladakh has held that an employee has a right to be considered for promotion only when the employer takes up the matter for filling the promotional posts. The court ruled that merely because a promotional post exists does not confer a right to claim promotion from the date of its vacancy.
“An employee cannot claim retrospective seniority or promotion unless the rules or statute governing the field provide for the same,” Justice Sanjay Dhar observed while dismissing a plea seeking backdated promotion.