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DELHI HIGH COURT
MANMOHAN, ASHA MENON
Ram Swarup – Appellant
Versus
Union of India – Respondent


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 entitled to promotion i.e. from the year 2000. In support of his submission, he relies upon the judgment of the Supreme Court in Union of India and Ors. Vs. Tarsem Singh, (2008) 8 SCC 648 wherein it has been held as under:

    "7. To summarise, normally,

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