IMPORTANT POINT
An employee granted notional promotion is entitled to all benefits, including monetary benefits, and the principle of 'no work, no pay' does not apply if the employee was willing to work but was denied the opportunity for reasons beyond their control.

JUDGMENT :

Rai Chattopadhyay, J.

1. The writ petitioner is the retired employee of respondent No. 2/West Bengal Transport Corporation Limited (formally known as Calcutta Tramways Company Limited). His grievance is with regard to the alleged inaction on part of the said respondent in allowing him cash differential benefits for the period from November 1, 2006 to June 30, 2011 during which period he has been granted the notional benefits of promotion firstly to the post of ‘Superintendent-B’ and thereafter to the post of ‘Superintendent-A’.

2. The petitioner’s legal journey has been a long drawn one and necessary facts will be mentioned as when required. For the present it would suffice to mention that the respondent No. 2/respondent No. 4/Managing Director of the Corporation was hearing the written representation of the petitioner, pursuant to a direction of this Court for the same and has ultimately passed an order, i.e, dated June 22, 2011. The relevant portion of the order be quoted as herein below:-

“Apparently, some juniors to Shri Suvra Kumar Dey have been promoted above him. Moreover, meanwhile Shri Suvra Kumar Dey has been awarded Carrier Advancement by the Management in two occasions and that also denote that he is very much eligible for getting higher grade, whatsoever.

The points to be reckoned are that the candidature of Shri Suvra Kumar Dey was not considered at all for the lapses of office though he had very much applied and that he was deprived and that his juniors were made to rise above him. In the personal opinion of the undersigned also Shri Surva Kumar Dey is by no means inferior to any of the employees promoted to the post of Superintendent-B and Superintendent-A in November 2006 and November 2007 respectively. This lapse of not considering his legitimate case needs to be rectified though this cannot be equated with other normal cases of pay-protection as the circumstances in this particular case is apparently abnormal. The Hon’ble Calcutta High Court has also kindly observed-

“However, it is made clear that this order shall not be treated as a precedent in any other case.”

On the basis of above facts, the present writ petition, as per solemn direction of the Hon’ble Calcutta High Court is disposed of with the following order-

(a) That Shri Suvra Kumar Dey will be deemed to have been promoted to the post of Superintendent-B with effect from 01.11.2006 and notional benefit to be awarded to him for this.

(b) That Shri Suvra Kumar Dey will be deemed to have been promoted to the post of Superintendent-A with effect from 01.11.2007 and notional benefit to be awarded to him for this.

(c) The actual effect of the benefit of promotion (now to the post of Superintendent-A) will however be allowed to Shri Suvra Kumar Dey, Superintendent-A with effect from 01.07.2011.”

3. Since thereafter, with effect from November 1, 2006, the petitioner was notionally treated to be promoted as a ‘Superintendent-B’ and was granted the equivalent emoluments. It is evident form the said order of the authority dated June 22, 2011, that the petitioner was granted deemed promotion to the post of ‘Superintendent-B’ with effect from November 1, 2006 and to the post of ‘Superintendent-A’ with effect from July 1, 2011.

4. Mention may be made as regards an order of the said respondent, i.e, respondent No. 2/respondent No. 4/Managing Director dated December 16, 2016. The said respondent while disposing of the petitioner’s claim for differential cash benefit for the period of his notional promotion and in terms of the order of this Court dated December 16, 2016, passed in a contempt proceeding, has decided the issue in the following manner:-

“That Sri Suvra Kr. Dey was deemed to have been promoted to the post of Supdt. ‘B’ with effect from 01.11.2006 & also deemed to have promoted to the post of Supdt. ‘A’ with effect from 01.11.2007 and notional benefit was awarded to him from the date of his promotion mentioned as above. Further it appears that actual eff