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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
JIYA LAL BHARDWAJ
Lekh Ram Mehta – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jiya Lal Bhardwaj, J.
The petitioner has filed the instant petition, praying therein for the following substantive reliefs:-
“i. That the respondent may be directed to grant the promotion to the petitioner to the post of Superintendent Grade-I from 6th November, 2007 and grant all the consequential benefits with 12% interest per annum.
ii. That the letter dated 30/07/2011 Annexure P-9 issued by Respondent no. 1 may kindly be set aside and quash and the respondent may be directed to grant the officiating allowance to the petitioner w.e.f. 06/11/2007 to 30/11/2010 of the post of Supt. Grade I with all consequential benefits alongwith 12% interest may kindly be released to the petitioner.”
2. The facts, which emerge from the pleadings, are that the petitioner was appointed as Clerk with the respondents-Department on 26.06.1973 and was promoted as Senior Assistant on 14.10.1993. Later on, he was promoted as Superintendent Grade-II in September, 2007 and joined his duties as such on 01.10.2007. As per Recruitment and Promotion Rules, the petitioner was eligible for promotion to the post of Superintendent Grade-I, as he had completed the requisite service of nine years’ combin
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 ....
The discretionary power to relax rules should be exercised sparingly to meet exceptional situations, and the principle of 'equal pay for equal work' applies to grant financial benefits for dischargin....
Recruitment and Promotion Rules - Promotion - Benefits of - A person, who performs duties of higher office, must get salary of same post. He cannot waive of his fundamental/legal right to get higher ....
Officiating in a higher post does not grant entitlement to associated benefits unless the individual meets the promotion criteria.
Consequential benefits from promotion notification include higher promotions from dates juniors promoted; department bound to full implementation post single cadre, without u-turn on eligibility.
Promotion rights are determined by the rules in force at the time of consideration, not by outdated rules at the time of vacancy creation.
Petitioner entitled to retrospective benefits from promotion date due to having performed duties in the post, despite retirement status; denial of benefits ruled arbitrary.
The refusal to accept a transfer does not negate entitlement to a higher pay scale after the requisite service period, especially when the posts are equivalent.
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