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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Man Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks actual promotion benefits from 2014. (Para 1 , 2) |
| 2. disciplinary penalty set aside; acquittal; notional promotion. (Para 3 , 4 , 5 , 8) |
| 3. exoneration requires full monetary benefits. (Para 6) |
| 4. state justifies notional basis, denies acp. (Para 7) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioner, Man Singh, initially filed an OA No 6884 of 2016 and upon abolition of State Administrative Tribunal, the matter stands transferred to this Court as CWPOA No 915 of 2020, seeking the following reliefs:-
“7(i) That the impugned office order dated 18-5-2016 (Annexure-A/22) may kindly modified to the extent that the applicant may kindly be ordered to be promoted from the day his immediate junior has been promoted i.e. since the year 2012 on actual basis with all consequential benefits in the interest of law and justice.
7(ii) That the respondents may kindly be directed to promote the applicant from due date or from the day his juniors have been promoted i.e. w.e.f. year 2012 and to grant ACP (4-9-2014) from the day his juniors and similarly situated person have been granted.
(iii) That the respondents may kindly be granted the Pay and Grade Pay to the applicant equivalent
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 ....
Faultless employee denied appointment due to employer's reservation error entitled to full actual monetary benefits from retrospective date; notional condition quashed; deemed regular service counts ....
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
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.
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