Issue of retrospective promotion referred to SC larger bench

New Delhi, July 15 (UNI) The Supreme Court has referred to a larger bench the controversy arising over a petition regarding grant of retrospective promotion and seniority to an employee.

A bench comprising Justice A K Mathur and Justice Dalveer Bhandari referred the petition filed by some directly recruited staffers of West Bengal State Forest Service.

Eleven petitioners were recruited directly to the State Forest Service in March 1990. They were given retrospective seniority with effect from December 31, 1990.

According to the rule 6(2) of West Bengal Service the promotion shall be enbloc senior to the direct recruit of the same year.

Direct recruits challenged the decision of the department before the state tribunal rejected their contention and Kolkata High Court also dismissed their petition.

The Apex Court while referring the issue to a larger bench noted 'in view of conflicting view expressed by this court it would be appropriate to refer this case to a larger bench so that the controversy can final be resolved and put to rest. Therefore the registery is directed to place the matter before the honourable Chief Justice of India for constitution of larger bench." UNI AKS/SC CS RK2001