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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
State of Jharkhand – Appellant
Versus
Pramod Kumar, son of Late G. S. Mahtha – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No. 8899 of 2019:
1. This interlocutory application has been filed for condoning the delay of 70 days, which has occurred in preferring this appeal.
2. No counter to the delay condonation application has been filed.
3. Having heard the learned counsel for the parties and considering the statements made in this application, we are of the view that the appellants were prevented from sufficient cause in preferring this appeal within time.
4. Accordingly, this interlocutory application is allowed and the delay of 70 days in preferring this appeal, is hereby condoned.
5. With the consent of the parties, the matter has been heard at this stage for final disposal.
L.P.A. No. 447 of 2019:
6. The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 27.03.2019 passed by the learned Single Judge of this Court in W.P.(S) No. 3144 of 2014, whereby and whereunder, the order dated 30.12.2015 has been modified to the extent that the writ petitioner will be entitled for the salary for the post of Electrical Executive Engineer from the date of his promotion, i.e., 27.06.2008.
7. The brief facts of the case as per the pleadin
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....
Government employees are entitled to pay and allowances for higher posts they have officiated, as per the Jharkhand Service Code, and departmental memos cannot negate this entitlement.
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
Promotion benefits must be provided retrospectively if employees are faultless for the delay; state errors cannot obstruct rightful claims.
Appointments made in violation of statutory rules are in violation of Article 14 and 16 of the Constitution of India and are in nullity.
Promotions in public service are prospective and take effect from the date duties are assumed, not from earlier dates, emphasizing a distinction between the right to be considered for promotion and t....
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
The main legal point established in the judgment is the requirement to adhere to the principle of natural justice in decisions affecting employees, the authority of the Public Service Commission to m....
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