Back
V. KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Employees State Insurance Corporation Through Its Director General – Appellant
Versus
Inder Dutt Sharma – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 48009/2023
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 12221/2023 & CM APPL. Nos.48008 & 48010/2023
1. The challenge in this writ petition is to an order dated May 12, 2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in O.A. 3450/2015, whereby the Tribunal while allowing the OA in paragraph No. 9 has stated as under:
"9. Having considered the legal position involved in the present case, we hereby pass the following directions:
(i) The respondents shall give the applicants notional promotion, if their juniors were promoted. They shall also be promoted from the date on which the juniors were promoted.
(ii) All the consequential benefits, after the date of retirement but prior to that from the due date and actual notional promotion is given, notional benefits will be given, within a period of four months from the date of receipt of a certified copy of this Order."
2. At the outset, Mr. S.M. Arif, Advocate appearing for the private respondents would submit that the issue is no more res-integra in view of the judgment of this Court in the case of Emplo
Retired employees are entitled to consideration for notional promotion and consequential benefits as per relevant regulations and judicial precedents.
Promotion is not an absolute right; administrative delays do not confer rights to claim promotion, and mere eligibility does not guarantee promotion.
The benefit of notional promotion cannot be given retrospectively to retired employees if their juniors were promoted after their retirement.
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
Retired employees are not eligible for notional promotion as per the OM dated 28.12.2023, since the benefits apply to serving employees only.
Notional promotion may be granted retrospectively despite applicant's retirement if found eligible by the departmental promotion committee.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
