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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Jagdish Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Deepak Gupta, J.
1. By way of this petition filed under Article 226/227 of the Constitution of India, petitioners pray for issuance of writ in the nature of mandamus by directing respondent Nos.l and 2 to grant full monetary benefits to the petitioners for the periods during which the writ petitions earlier filed by them remained pending.
2. Petitioners were working as Sectional Officers. They were senior to respondent Nos.3 to 7. Aggrieved by the promotion of their juniors- respondent No.3 to 7 to the post of Assistant Town Planner, the petitioners approached this Court by filing CWP No.111 of 1999, which was disposed of on 16.09.2013 (Annexure P-15) in the following terms:
"Having regard to the facts in totality, I am of the opinion that the petition deserves to succeed and is, thus, disposed of in the following terms:
3. Aggrieved by the denial of monetary consequences despite being held entitled to notional promotion, petitioners assailed the abovesaid order dated 16.09.2013 by filing LPA No.1175 of 2016. However, the said LPA was dismissed vide order dated 17.10.2016 (Annexure P-18) on the ground of delay as well as merits. Feeling aggrieved, petitioners preferred Specia
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.
An employee granted notional promotion is entitled to all benefits, including monetary benefits, and the principle of 'no work, no pay' does not apply if the employee was willing to work but was deni....
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
The court affirmed that a petitioner is entitled to monetary benefits from the date of filing a promotion petition, following established legal principles.
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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