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2007 Supreme(SC) 1388

A.K.MATHUR, MARKANDEY KATJU
Union of India – Appellant
Versus
B. M. Jha – Respondent


Counsel for the Parties :
For the Appellant :B.B. Singh, Ms. Sunita Sharma, D.S. Mahra and Shreekant N. Terdal, Advocates.
For the Respondent:Anil Kumar Jha and Ms. Alka Jha, Advocates.

Order

1.Heard learned counsel for the parties.

2.This appeal by special leave is directed against the judgment and order dated 17.5.2000 passed by the learned Division Bench of the High Court of Delhi whereby the learned Division Bench upheld the order dated 11th January, 2000 passed by the Central Administrative Tribunal, Principal Bench. None appears for the appellant.

3.The Tribunal has taken the view that since the respondent herein has been granted retrospective promotion from 27.8.1984 he must be paid arrears of pay and allowances for the higher post for the period 27th August, 1984 till 5th February, 1992.

4.Aggrieved against the order of the Tribunal dated 11th January, 2000 the Appellant herein filed a writ petition before the High Court and the High Court dismissed the writ petition affirming the order of the Tribunal. Hence, the present appeal.

5.We have heard learned counsel for the parties. It was argued by learned counsel for the respondent that when a retrospective promotion is given to an incumbent normally he is entitled to all benefits flowing therefrom. However, this Court in the case of State of Haryana & Others v. D.P. Gupta & Others1, (1996) 7 SCC 53


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