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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Surender Pal Chadha – Appellant
Versus
State of Himachal Pradesh a – Respondent
| Table of Content |
|---|
| 1. petition seeks actual promotion post-exoneration from inquiry. (Para 1 , 2) |
| 2. arguments on notional promotion and fr 17(1) applicability. (Para 4 , 5 , 6) |
| 3. exonerated employee entitled to full benefits from due date. (Para 7 , 8 , 9) |
| 4. court grants promotion w.e.f. 02.06.2016 with benefits. (Para 10 , 11) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-
“1. That a writ in the nature of Certiorari or any other appropriate Writ, Order or Direction may kindly be issued and the action of the Respondents whereby they have granted the service benefits to the Petitioner from 02.06.2016, only on notional basis, instead of actual benefits, may be declared null and void.
2. That a writ in the nature of Mandamus or any other appropriate Writ, Order or direction may kindly be issued directing them to Promote the Petitioner as Principal (School Cadre) w.e.f. 02.06.2016 with all consequential benefits, along with interest @ 9% p.a.”
2. Brief facts necessary for the adjudication of this petition are that according to the petitioner, in light of the fact that in the year 2012, as certain posts of Headmas
Exoneration from disciplinary proceedings delaying promotion via sealed cover entitles employee to actual promotion benefits from due date, not merely notional, restoring all losses per Supreme Court....
The denial of similar treatment to the petitioners by the State was arbitrary and discriminatory, violating Article 14 of the Constitution of India.
An employee completely exonerated from a disciplinary proceeding is entitled to the salary and benefits of the higher post from the date on which he would have normally been promoted but for the disc....
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 ....
An employee penalized for misconduct cannot retroactively claim promotion benefits, affirming that promotion eligibility is contingent upon an unblemished conduct record.
Promotion under the IRCTC policy requires absence of disciplinary penalties; denial of promotion is a natural consequence, not a penalty itself.
Admission of guilt in disciplinary proceedings resulting in censure penalty, without exoneration, bars challenge to penalty and entitlement to retrospective promotion despite juniors' promotion durin....
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