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HARSIMRAN SINGH SETHI
Om Pal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. promotion eligibility and retrospective effect (Para 1 , 2 , 4) |
| 2. challenging refusal of promotion (Para 3 , 5) |
| 3. court's observations on promotion process (Para 6 , 7) |
| 4. established legal principles on retrospective promotions (Para 9) |
| 5. petitioner's entitlement to arrears of salary (Para 10 , 12) |
JUDGMENT
Mr. Harsimran Singh Sethi, J. (Oral)
The present petition has been filed challenging order dated 11.10.2017 (Annexure P-5) by which, though the petitioner has been granted promotion retrospectively from the date, persons junior to the petitioner were promoted but the arrears of salary have been denied on the ground that the petitioner had not actually discharged the duties on the said promoted post.
2. Learned Senior counsel appearing on behalf of the petitioner argues that in the present case, the petitioner who was working as a Patwari was entitled for promotion to the post of Kanungo as he had already attained the eligibility for promotion to the post of Kanungo by passing the departmental examination on 25.05.2012. One Akhtar Hussain, who also passed the departmental examination along with the petitioner and was junior to the petitioner, was promoted as a Ka
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
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.
Claims regarding promotions may be denied due to inordinate delays unless they involve continuing wrongs impacting rights, limiting arrears recovery.
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