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HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Mohd Taj – Appellant
Versus
J&K State Forest Corporation – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner, through the medium of present petition, has challenged SFC order No. 72 of 2000 dated 13.06.2000 whereby it has been provided that the petitioner is not entitled to draw pay in the grade of Supervisor-II, thereby denying him salary w.e.f. January 1994 to December 1996. Challenge has also been thrown to SFC order No. 379 of 2008 dated 15.10.2008 whereby promotion granted to the petitioner as Assistant Supervisor (Supervisor-II) in terms of SFC order No. 204 of 1993 dated 30.04.1993, has been withdrawn.
2. As per case of the petitioner, he was appointed as Field Assistant in J&K State Forest Corporation in the year 1981 and was posted in Rajouri Division of the Corporation. On the basis of the recommendations of the Departmental Promotion Committee, the petitioner was promoted to the post of Assistant Supervisor in the pay scale of Rs. 1200-40-1440-EB-50-2140 in terms of order dated 30.04.1993(supra).
3. It appears that a complaint came to be filed against the petitioner alleging that he had produced a forged matriculation certificate with the Corporation for getting promotion to the post of Assistant Supervisor. An FIR for offences under Sec
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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.
The principle of seniority-cum-merit mandates fair consideration for promotions, and failure to do so violates fundamental rights.
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
Promotion processes must adhere to fairness and empathy, especially regarding unforeseen circumstances affecting employees' ability to fulfill job requirements.
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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