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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Samir Kumar Ghosh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
Prologue:
1. The dispute involved in the writ petition is the alleged deprivation of notional seniority to the petitioner in the post of Supervisor B (Technical) w.e.f. 01.01.1973 and its consequential benefits due to non-implementation of the Factory Orders Part-II nos. 86-89 dated 06.01.1996.
Petitioner’s Case:
2. The facts, as projected in the writ petition, which need to be narrated for effective adjudication are epitomised as follows:
b) the workmen of trades namely, fitter, turner, miller etc. were graded ‘A’ whereas the workmen of trade Grinder was graded ‘B’ and the channel of promotion of the workmen of both the grades were hereunder:
‘Grade- A workman—Supervisor B(T) ---Supervisor A(T)--Charg
The legal principle established is that if benefits extended to a group of individuals are subsequently withdrawn in compliance with court orders, the court cannot direct the extension of those benef....
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 deni....
Notional pay fixation from court orders entitles employees to further promotional benefits reckoned from juniors' dates, without disturbing seniors' positions; discriminatory denial violates equality....
The entitlement to notional seniority is subject to actual joining dates, irrespective of previous merit, affirming procedural adherence over retrospective adjustments.
Point of Law : Notional promotion- Seniority can be given and also notional promotion only upto the post of Joint Director, the post of Additional Director and Director and Director General being sel....
G.O.Ms.Nos.880 and 881, which conferred seniority benefits to respondent Nos.3 and 4 from the date of their joining in the Department, were invalid and contrary to the statutory rules, the orders pas....
In service matters, once an employee's seniority is judicially corrected and fixed relative to their peers, they are entitled to equal service benefits, including selection grades, granted to their j....
Waiting list candidate from same selection entitled to notional seniority if delay due to administrative lapse, per Rule 24 J&K CCA Rules.
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