Retrospective Cadre Absorption, Notional Regular Service, and Review DPC Entitlements in Service Law
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Case: GAURI DAMODAR NAIK AND ANR. v. STATE OF GOA THR THE CHIEF SECRETARY AND 2 ORS
Court: Bombay High Court
Date: 30-07-2026
Law: Constitution of India, Administrative Law, Service Law.
Highlights of the Judgment:
- Examination of whether retrospective cadre absorption warrants a review Departmental Promotion Committee (DPC).
- Interpretation of 'five years' regular service' under service recruitment rules versus actual physical service.
- Application of Articles 14 and 16 regarding the fundamental right to fair consideration for promotion.
- Distinction between antedating promotions through judicial intervention and corrective administrative mechanisms.
- Enforcement of the 'no work, no pay' principle restricting financial arrears on notional promotions.
- Review of Supreme Court precedents on retrospective seniority and qualifying service criteria.