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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Ram Swarup – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition challenges tribunal order (Para 1) |
| 2. claim for retrospective promotion benefits (Para 2 , 3) |
| 3. delay in challenging promotions (Para 4) |
| 4. court upholds balanced order of cat (Para 5) |
| 5. writ petition dismissed (Para 6) |
JUDGMENT
Manmohan, J. (Oral)
CM APPL.994/2021
Allowed, subject to just exceptions.
W.P. (C) 373/2021
1. Present writ petition has been filed challenging the order dated 28th November, 2018, passed by the Central Administrative Tribunal in the OA no. 2821/2013 to the extent that it has not granted the consequential benefits of arrears of salary and allowances from the date on which the petitioners had been granted retrospective promotion.
2. Learned Counsel for the Petitioner submits that the Tribunal vide Impugned Order granted retrospective promotion to the Petitioners to the post of Shunting Master, Northern Railway from the date on which their juniors were promoted i.e., 14th February 2002 without granting consequential benefits of arrears of salary and allowances.
3. He further submits that as the impugned action was a continuing wrong, petitioners are entitled to arrears of salary and allowances right from the date they were e
Claims regarding promotions may be denied due to inordinate delays unless they involve continuing wrongs impacting rights, limiting arrears recovery.
Point of Law : If extrapolated or applied to the factual matrix of present case would have the effect of restricting claim for pension, if otherwise sustainable in law, to three years previous to whe....
Stale claims for retrospective promotion and seniority raised 34 years after cause and 16 years post-retirement are barred by delay, laches, and limitation; unchallenged non-selections and accepted d....
The application of Rule 228 of the Indian Railways Establishment Manual (Volume I) in determining the entitlement to enhanced pay for belatedly promoted staff due to administrative error, and the pri....
The main legal point established in the judgment is the application of delay and laches, the concept of continuing wrong, and the interpretation of the Limitation Act in employee pay-scale disputes.
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.
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