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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
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.
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....
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.
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
The court emphasized that the denial of arrears of pay and notional promotion must be based on valid reasons and compliance with court orders is mandatory.
Promotion processes must adhere to fairness and empathy, especially regarding unforeseen circumstances affecting employees' ability to fulfill job requirements.
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