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KALYAN RAI SURANA
Soleman Ali – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
KALYAN RAI SURANA, J.
Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard Ms. D. Borah, learned standing counsel for the Health Department, appearing for respondent no. 1 to 6 in both the writ petitions, Mr. A. Hasan, learned standing counsel for the Accountant General, appearing for respondent no. 8 in WP(C) 3136/2020 and Mr. A. Chaliha, learned standing counsel for Finance Department appearing for respondent no. 9 in W(C) 3136/2020. There is no representation from the APSC, respondent no.7 in WP(C) 3136/2020.
2. As both the writ petitions are interconnected and filed by the same petitioner, both the writ petitions are tagged together and have been taken up together for hearing at the admission stage.
3. The case of the petitioner is that he was appointed as a Lecturer in SJN Homeopathic Medical College and Hospital, Guwahati and on 3/4/2013, he was promoted to the post of Reader where he had joined on 4/4/2013. The petitioner projects that despite promotion granted to him, he was not given the pay benefit for the higher promotional post to which he had joined on 4/4/2013. It appears from the pleadings made in the writ petition that on being deprived of
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An employee's salary cannot be withheld without proper departmental proceedings, and irregular appointments can be regularized through continued service and promotions.
The obligation of the state to release the petitioner's salary and the need for complete justice under Article 226 of the Constitution of India.
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
An employer has a mandatory duty to timely process pension papers. A retiree cannot be denied terminal benefits due to service gaps caused by administrative deadlocks or departmental delays where no ....
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.
The main legal point established in the judgment is that the right to be considered for promotion is a fundamental right, and seniority cannot be granted retrospectively when an employee was not born....
An employee discharging duties of a higher post is entitled to pay and allowances for that position, regardless of the absence of formal promotion orders. Delay in processing claims does not nullify ....
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