Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
State Of Haryana – Appellant
Versus
Gurbachan Singh – Respondent
JUDGMENT :
Namit Kumar J.
CM-4085-C-1999 IN RSA-2309-1999
This is an application filed under Section 5 of the Indian Limitation Act for condonation of delay of 88 days in filing the appeal.
Notice in the application was issued on 11.08.1999 and reply thereto has been filed by respondent No.1.
In view of the averments set out in the application, which is supported by an affidavit, the same is allowed and delay of 88 days in filing the appeal is condoned.
RSA No.2309 and 3905 of 1999 (O&M)
1. This judgment shall dispose of two cross-appeals i.e. RSA Nos.2309 and 3905 of 1999, as common questions of law and facts are involved for adjudication.
2. The appeal i.e. RSA No.2309 of 1999, titled as "State of Haryana and others vs Gurbachan Singh and another", has been preferred by the State of Haryana, against the judgment and decree dated 16.08.1997, passed by the learned Civil Judge (Jr. Division), Sirsa, whereby the suit was decreed and the judgment and decree dated 09.01.1999, passed by the learned District Judge, Sirsa, whereby the judgment and decree passed by the learned trial Court was modified and the appeal of the defendant/appellant was allowed to the extent that the plaintiff/respondent
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
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.
It clearly reveals that it was not petitioner, who never came forward to render his duties against post to which he subsequently came to be promoted, rather he was prevented by department itself from....
The court ruled that training periods must be included in qualifying service for IAS promotions, mandating restoration of benefits for the delayed promotion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
