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NAMIT KUMAR
Sudarshan Kumar – Appellant
Versus
Punjab State Power Corporation Ltd. – Respondent
JUDGMENT
Namit Kumar, J.
Petitioner has approached this Court by way of filing present writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of mandamus directing the respondents to grant benefit of promotional increment to the petitioner on completion of 23 years of service w.e.f. 01.01.1996 in terms of instructions dated 28.04.1998 (Annexure P-1) and Finance Circular dated 28.07.2000 (Annexure P-2).
2. The brief facts leading to the filing of the present writ petition, as have been pleaded in the present petition, are that the petitioner was appointed as Lineman on 14.07.1970 and thereafter he was promoted as JE-II on 04.01.1992 and further to the post of JE-I on 10.07.2008 and retired as such on 31.10.2008. The claim of the petitioner in the present petition is that he is entitled for promotional increment on completion of 23 years of service w.e.f. 01.01.1996 in terms of instructions dated 28.04.1998 (Annexure P-1) and Finance Circular dated 28.07.2000 (Annexure P-2). Since the said benefit was not granted to the petitioner, therefore, he served legal notice dated 12.11.2012 (Annexure P-6) upon the respondents, however, no action has been
The court ruled that the Finance Circular does not require passing a departmental examination for promotional increments, affirming the entitlement of the petitioner based on prior judgments.
Claims for promotional increments must be raised within a reasonable time, particularly before retirement; delay can bar relief.
The main legal point established in the judgment is that the right to be considered for promotion is a fundamental right, and seniority cannot be granted retrospectively when an employee was not born....
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....
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