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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Dinesh Kumar Jaswal – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks regular promotion and arrears release. (Para 1 , 2) |
| 2. military service rectified for seniority; notional promotion granted. (Para 3 , 4 , 5 , 6 , 7) |
| 3. no arrears for post-retirement notional promotion. (Para 8) |
| 4. petitioner argues departmental fault warrants full benefits. (Para 9 , 10 , 11) |
| 5. rejects no-work-no-pay; fault lies with department. (Para 12 , 13) |
| 6. precedents grant arrears for retrospective promotions sans fault. (Para 14 , 15 , 16) |
| 7. allows petition; directs benefits with 6% interest. (Para 17) |
JUDGMENT :
JIYA LAL BHARDWAJ, J.
1. By way of present petition, the petitioner has prayed for following substantive reliefs:-
“(i) Respondent may be directed to modify the notional-ad-hoc basis promotion orders of the applicant into regular promotion.
(ii) Respondent may also be directed to release the arrears of pay and leave encashment in favour of the applicant as stated above.
(iii) The respondents may be directed to pay the simple interest @ 12% per annum on the entire amount of pay arrears and leave encashment as stated above.”
2. The precise grouse of the petitioner as canvassed by the learned counsel, is that though the entire period of servic
Blame-free employee gets full pay arrears for post-retirement notional promotion rectifying departmental seniority error in military service count; 'no work no pay' inapplicable to department's delay....
Post exoneration in disciplinary/criminal proceedings, employee entitled to retrospective promotion with actual monetary benefits from due date, not notional, absent recorded reasons for denial; '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.
Denial of financial benefits upon notional promotion due to procedural lapses violates principles of natural justice; similarly situated employees must be treated equally.
Promotions may be granted retrospectively with salary when administrative delays occur due to no fault of the employee, avoiding disparate treatment based on administrative negligence.
The court ruled that training periods must be included in qualifying service for IAS promotions, mandating restoration of benefits for the delayed promotion.
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