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SANJAY K. AGRAWAL
Dinesh Kumar Gautam, S/o Late Shri Vanraj Bhai – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Grievance of the Petitioner in the present Writ Petition is that though he has been promoted with effect from 30.4.2015 on the post of Lecturer (Hindi) and during pendency of the present Writ Petition, by Order dated 10.4.2017, also he was granted retrospective promotion with effect from 29.6.2010, but the consequential/monetary benefits arising therefrom to which he is entitled for have not been given to him and therefore seeks for an appropriate direction to the Respondent authorities in this regard.
2. It is the case of the Respondent State that the Petitioner has been promoted on 30.4.2015 and his seniority was fixed with effect from 29.6.2010 by Order dated 10.4.2017 but since the Petitioner had approached this Court on 1.9.2014 firstly by filing WPS No.4602/2014, which was decided on 4.9.2014, the Petitioner therefore will not be entitled for the monetary benefits for the period from 1.9.2014 to 30.4.2015 on which the promotion was actually granted to him.
3. I have heard learned Counsels appearing on either side, considered their rival submissions and also perused the record of the case with utmost care and circumspection.
4. Admittedly, the Petit
The court affirmed that a petitioner is entitled to monetary benefits from the date of filing a promotion petition, following established legal principles.
Point of Law : In case of a notional promotion from retrospective date, it cannot entitle the employee to arrears of salary as the incumbent has not worked in the promotional post.
Blame-free employee gets full pay arrears for post-retirement notional promotion rectifying departmental seniority error in military service count; 'no work no pay' inapplicable to department's delay....
Promotional benefits must be granted from the actual date of promotion, not from the date of notification, ensuring equal treatment for similarly situated employees.
Discriminatory treatment in promotion affects employees' rights under constitutional provisions, necessitating retrospective benefits and equal treatment.
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