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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V Kameswar Rao, A.C.J., C M Joshi
National Insurance Company Ltd. – Appellant
Versus
T. Mahendran, S/o Late Sri. C. Tangavelu – Respondent
JUDGMENT :
V KAMESWAR RAO, ACJ.
IN WA No.240/2024:
This appeal has been filed challenging the order dated 21.09.2023 passed by the learned Single Judge in WP No.4283/2012, whereby the learned Single Judge has allowed the writ petition filed by the respondent herein by directing in paragraphs No.24 and 25 as under:
“24. The respondents are, therefore, directed to promote the petitioner notionally from the post of Administrative Officer to the post of Assistant Manager from 2003, and more specifically, from the date on which the batch of officers belonging to the petitioner's batch were promoted.
25. Since the petitioner has attained the age of superannuation, necessary benefits in terms of re- fixation of pay and pension shall be completed and made over to the petitioner within a period of three months from the date of receipt of a copy of this order.
26. The writ petition is accordingly disposed of.”
2. The facts as contended by learned counsel for the appellants are, the respondent while working as Assistant Administrative Officer in the appellant-Company was caught red handed by the Central bureau of Investigation (‘CBI’ for short) while demanding and accepting an amount of Rs.1,000/-
An employee reinstated after wrongful dismissal is entitled to notional promotion based on seniority despite gaps in service due to legal proceedings.
The court upheld that post-promotion monetary benefits can only be granted from the date of joining, affirming the distinction between job roles despite performing similar duties.
An employee acquitted of charges is entitled to consideration for promotion from the date of eligibility, despite prior disciplinary proceedings, upholding the principle of just treatment in administ....
An employee completely exonerated in disciplinary/criminal proceedings is entitled to the salary of the higher post and other benefits from the date of normal promotion.
The court clarified that 'consequential benefits' do not inherently include further promotions unless explicitly ordered, and compliance with the original judgment was established.
An employee exonerated from disciplinary proceedings is entitled to retrospective promotion and benefits if procedural defects in the enquiry are established.
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