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. (24 words)

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 service rendered by the petitioner in the Indian Army, of 05 years, 10 months and 10 days, was subsequently taken into consideration for seniority, but as per office order dated 04.12.2013 (page 33), while giving promotion to the post of Range Forest Officer (Class-II, Gazetted), he was granted pay scale of Rs.5800-9200 (pre-revised) notionally on adhoc basis w.e.f. 01.10.2007, whereas he ought to have been granted promotion with all consequential benefits.

3. It has been pleaded in the petition that the petitioner had served the Indian Army w.e.f. 10.01.1969 to 20.11.1974 i.e. for 05 years, 10 months and 10 days. Later on, vide office order dated 22.11.1978 (Annexure A-1), the petitioner was appointed as Forest Guard in the respondents-Department and joined his services on 04.01.1979.

4. The petitioner retired from service on 31.10.2008 from the post of Deputy Ranger. After his retirement, the petitioner came to know that the respondents-Department had counted only 05 years of military service, which affected his seniority and further deprived him of promotion to the post of Range Forest Officer. Though the respondents had considered the period of service rendered by the petitioner with the Indian Army, for seniority and other benefits but only 05 years’ service was taken into account and on the representation made by the petitioner, the seniority position, which was earlier assigned to him at Serial No. 33, was changed to Serial No. 26, as evident from office order dated 15.11.2011 (Annexure A-10). The respondents-Department vide Notification dated 01.10.2007 had promoted the Deputy Rangers/Forest Guards to the post of Range Forest Officer (Class-II Gazetted), on the basis of recommendations of the Departmental Promotion Committee meeting held on 29.09.2007, but since the petitioner was not assigned the correct seniority position, which was rectified vide office order dated 15.11.2011 (Annexure A-10), his name was not considered in the Departmental Promotion Committee meeting convened on 29.09.2007.

5. The petitioner after re-fixation of his seniority position by taking into consideration the entire service rendered by him with the Indian Army of 05 years, 10 months and 10 days, made a representation to the respondents-Department, which was accepted and vide office order dated 04.12.2013, he was promoted as Range Forest Officer (Class-II, Gazetted), in the pay scale of Rs.5800-9200 (pre-revised) notionally on adhoc basis w.e.f. 01.10.2007, in view of the previous notification dated 01.10.2007 (Annexure A-11).

6. The service benefits, except for the period from 01.10.2007 to 31.10.2008, have been paid to the petitioner who retired from service on 31.10.2008, for the reason that he was notionally promoted to the post of Range Forest Officer (Class-II, Gazetted