1. Promotion to Assistant Sub-Inspector granted on notional basis following a physical standard dispute — claim for backwages for the period not actually served. (Para 2 )
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1999 Supreme(SC) 629
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
Union Of India
Versus
Rajinder Singh Rawat
Case No. : 2894 of 1999
Date of Decision : 5/10/99
Important Points
Backwages cannot be granted for a period not actually served when a rank is conferred on a notional basis and the administrative order explicitly denies pay and allowances for that period.
Subject
Service Law - Backwages and Notional Seniority
Act Referred
INDUSTRIAL DISPUTES ACT: Sch.3
Headnote
(A) Service Law - Backwages - Grant of rank on notional basis - Whether an employee is entitled to backwages for the period not actually served when the administrative order specifically denies pay and allowances for the back period and grants seniority only on a notional basis - High Court not justified in granting payment of backwages for the period the employee has not actually assumed charge. (Paras 2, 3)
Facts of the case:
A candidate's case was omitted from consideration for a specific rank due to failure to meet physical standards. Subsequently, the appropriate authority granted the rank from a retrospective date on a notional basis, protecting seniority but explicitly stating that the candidate would not be entitled to pay and allowances for the back period, and would only receive them from the date of physically assuming charge. The High Court granted relief of payment of backwages for the period not served.
Findings of Court:
The High Court was not justified in granting backwages for the period the respondent had not actually assumed charge, given the explicit directions in the administrative order.
Issues: Whether the High Court was justified in granting relief of payment of backwages to the respondent for the period he has not actually served.
Ratio Decidendi: When a rank is granted on a notional basis with a specific direction that no pay and allowances are payable for the back period, the court cannot grant backwages for the period the employee did not physically serve.
Result: Appeal allowed.
Facts of the case:
A candidate's case was omitted from consideration for a specific rank due to failure to meet physical standards. Subsequently, the appropriate authority granted the rank from a retrospective date on a notional basis, protecting seniority but explicitly stating that the candidate would not be entitled to pay and allowances for the back period, and would only receive them from the date of physically assuming charge. The High Court granted relief of payment of backwages for the period not served.
Findings of Court:
The High Court was not justified in granting backwages for the period the respondent had not actually assumed charge, given the explicit directions in the administrative order.
Issues: Whether the High Court was justified in granting relief of payment of backwages to the respondent for the period he has not actually served.
Ratio Decidendi: When a rank is granted on a notional basis with a specific direction that no pay and allowances are payable for the back period, the court cannot grant backwages for the period the employee did not physically serve.
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. Whether the High Court was justified in granting backwages to a respondent for a period during which he did not actually serve in the post. (Para 2 )
3. The High Court erred in granting backwages for a period where the employee had not physically assumed charge, contrary to the order granting notional seniority. (Para 3 )
4. Backwages are not payable for a period of notional seniority where the employee has not actually assumed physical charge of the post. (Para 3 )
5. Appeal allowed and the High Court order granting backwages set aside. (Para 3 )
6. Does notional seniority entitle an employee to backwages for the period not served?
No, notional seniority protects the rank and seniority of the employee but does not entitle them to pay and allowances for the period prior to physically assuming charge. (Para 2 , 3 )
7. Can backwages be awarded if the employee has not physically assumed charge of the post?
No, the court held that backwages cannot be granted for a period during which the employee has not actually assumed charge of the post. (Para 3 )
8. What is the effect of an order granting seniority on a notional basis regarding pay?
Such an order ensures the employee's seniority is protected but limits the entitlement to pay and allowances from the date the employee physically assumes charge. (Para 2 )
(1) LEAVE granted.
(2) THE short question that arises for consideration is whether the High Court was justified in granting relief of payment of backwages to the respondent for the period he has not actually served. There is no dispute that the respondents case was omitted from consideration on the ground that his chest was short by 2 cms. and as such he did not have the necessary physical standard, but, similar departmental candidates were considered and got the relief. The respondents case was, therefore, appropriately considered by the appropriate authority and by letter dated 21st December, 1995, it was conveyed that the respondent would be entitled to the rank of Assistant Sub-Inspector (Clerk/ Typist) from 3/8/1992 the date on which panel of 1992 was released, with the further direction that his seniority would be protected on notional basis, but he would not be entitled to any pay and allowances of the Asstt. Sub-Inspector (Clerk/Typist) for the back period and would be entitled to the same only from the date he assumes the charge physically.
(3) IN the teeth of the aforesaid order, the High Court was not justified in granting the payment of backwages for the period for which the appellant has not actually assumed the charge. In the aforesaid premises, we set aside the impugned order of the High Court and allow this appeal. There shall be no order as to costs.
