The Gauhati High Court ruled that a promotion issued after retirement cannot be used to extend an employee’s tenure. However, it held that notional financial benefits may still be granted up to the retirement date under the CAS.
The Gauhati High Court held that a government employee cannot seek continuation in service after retirement on the strength of a promotion order issued later.
However, the Court clarified that if a teacher becomes eligible for Career Advancement Scheme (CAS) promotion before retirement, then he or she can receive notional financial benefits for the eligible period.
The decision was delivered on 18 November 2025 by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury while partly allowing three connected writ appeals filed by Dr. Satyajit Paul.
The Division Bench stated,
“Thus, giving the appellant an extension of his service tenure till the year 2027 would not be in accordance with law. The recommendation for promotion cannot be actually effected after superannuation.”
The bench further added,
“However, since the appellant was promoted under the CAS, based on fulfilling the eligibility criteria unlike regular promotions, any promotion under such scheme to be made notionally effective would not require any vacant post,”
Dr. Paul had challenged the State’s decision to release him from service on 31 March 2022 at the age of 60 as an Associate Professor of Mechanical Engineering at Jorhat Engineering College. He argued that he had already been recommended by the Departmental Promotion Committee (DPC) for promotion to the post of Professor under the CAS with retrospective effect from 17 May 2018.
A formal notification granting him promotion was issued on 5 April 2022, four days after his retirement. He therefore claimed that his retirement age should automatically extend to 65 years, which is the age of superannuation for Professors in Assam.
The controversy arose because the State Government had initially issued an Office Memorandum (OM) dated 28 March 2022 adopting the All India Council for Technical Education (AICTE) Public Notice that extended the deadline for mandatory Orientation and Refresher Courses for CAS promotion up to 31 December 2018.
This OM was the basis on which Dr. Paul was recommended for the post of Professor.
However, the State later withdrew the OM, stating that it was issued without the mandatory concurrence of the Finance Department under Rule 10 of the Assam Rules of Executive Business, 1968. A new OM was issued on 19 May 2023 with proper financial approval.
In its examination, the Court remarked,
“The appellant, therefore, could not assume the responsibilities of the post of Professor as he was released from service on 31.03.2022, but as noted above, till his retirement, he continued as having promoted from the retrospective date.”
Additionally, the Court stated,
“Thus, in our estimation, the appellant would be entitled for only the financial benefits of the higher post of Professor from 17.05.2018, i.e. the notional date from which he was promoted till the date of his superannuation on 31.03.2022. However, since the order of promotion lapsed with the recall of the Office Memorandum dated 28.03.2022, he shall be deemed to have retired as an Associate Professor and his pension would be fixed on the salary of Associate Professor which he had been getting.”
The Bench modified the Single Judge’s order and held,
“The judgment impugned is thus modified to the extent by clarifying that the appellant would only be entitled for financial benefits associated with the post of Professor from 17.05.2018 to 31.03.2022 and no further.”
By granting relief, the Court balanced legality with fairness. It refused to treat post-retirement promotion as a ground for extending service, but it protected the financial entitlements that flow from CAS eligibility
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Case Title: Dr. Satyajit Paul v. State of Assam & Ors.,
Case Number: Writ Appeal No. 191 of 2025
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