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SURESH KUMAR KAIT, SAURABH BANERJEE
Ajit Kumar Choudhary – Appellant
Versus
Union of India – Respondent
JUDGMENT
Saurabh Banerjee, J. As per the petitioner, he applied for the post of Sub Inspector in Central Paramilitary Organization advertised by Staff Selection Commission through "SSC Combine Graduate Level 2000" (hereinafter referred to as "SSC 2000 Examination"). After successfully clearing preliminary rounds, he was declared `Unfit' in the Physical Efficiency Test and thus preferred an appeal before the Review Medical Board. Thereafter, the petitioner was declared `fit' by the Medical Board of the respondents and after interview, was appointed as Sub Inspector in Central Reserve Police Force (hereinafter referred as "CRPF") in April 2004. Meanwhile, since the final result of successful candidates of SSC 2000 Examination was published in September 2002, they joined different para-military forces in February-March 2003. The said period has been taken as 01.03.2003 for all purposes by the parties before us, thus we will also be referring the said period as 01.03.2003 as well.
2. Also as per petitioner, though he was appointed in April 2004 but since he had applied for SSC 2000 Examination along with his batchmates, he, along with his batchmates were all entitled to the same senior
The principle of 'No Work No Pay' did not apply in this case, and the petitioner was entitled to all consequential benefits of his seniority as Inspector and notional fixation of pay from the date of....
Promotions may be granted retrospectively with salary when administrative delays occur due to no fault of the employee, avoiding disparate treatment based on administrative negligence.
The main legal point established in the judgment is the entitlement of a government servant to notional pay fixation upon exoneration from disciplinary proceedings, as per the relevant government ord....
The appointment date and seniority of a candidate should be based on their exam rank, and failure to communicate potential loss of seniority can be held against the authorities.
Faultless employee denied appointment due to employer's reservation error entitled to full actual monetary benefits from retrospective date; notional condition quashed; deemed regular service counts ....
The main legal point established in the judgment is that entitlement to arrear pay and allowances should be considered on a case-to-case basis, and the principle of 'no work no pay' may not be applic....
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....
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