New Delhi: No retrospective promotion can be granted to an employee if on the date of elevation there is no vacancy to that post, the Supreme Court has held.

A Bench comprising Justices A.R. Lakshmanan and Tarun Chatterjee said: "When promotion is outside the quota, seniority would be reckoned from the date of the vacancy within the quota.

The previous promotion would be regular only from the date of the vacancy within the quota and seniority shall be counted from that date and not from the date of his earlier promotion or subsequent confirmation."

Justice Lakshmanan, writing the judgment for the Bench, said: "In order to do justice to the promotees, it would not be proper to do injustice to the direct recruits. The rule of quota being statutory, it must be strictly implemented and it is impermissible for authorities to deviate from the rule due to administrative exigencies or expediency. The result of pushing down the promotees appointed in excess of the quota may work out hardship, but it is unavoidable."

In the instant case, 124 forest rangers, who were promoted on an ad hoc basis between 1973 and 1977, were regularised in vacancies that arose in the promotee quota in Uttar Pradesh during 1987-88. In 1990, direct recruitment of forest rangers was made.

The Allahabad High Court ordered retrospective seniority and promotion to the promotees ahead of the direct recruits. In the meantime the State was divided.

Allowing the appeal by the Uttaranchal Forest Rangers Association (direct recruits), the Bench said: "The High Court order granting promotees seniority from 1987-88 suffers from infirmity and is liable to be set aside. No retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to be validly appointed in the meantime."

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