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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Ravish Kumar – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India praying for issuance of a writ in the nature of certiorari to partially quash the order dated 15.01.2019 (Annexure P-10) to the extent that the petitioner has been promoted only on a notional basis as Grade-2 Executive Officer from the date of promotion of his juniors, i.e., 24.12.2011, at the pay scale of Rs.10,300-34,800 + Rs. 4,600 grade pay. The petitioner further prays for quashing the letter dated 05.07.2019 (Annexure P-12), wherein he was informed that no arrears of salary are payable in case of notional promotion. Lastly, the petitioner seeks a writ of mandamus directing the respondents to promote him as Grade-2 Executive Officer from Grade-3 w.e.f. 24.12.2011 instead of 17.03.2015 with all consequential benefits and to release arrears of salary for 38 months from 24.12.2011 to 17.03.2015 at the applicable pay-scale with interest.
2. The brief facts of the case are that the petitioner was working as a Superintendent with the Municipal Council before 2006 and was promoted as Executive Officer Grade-3 on 31.10.2006. On 24.12.2011, several E
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.
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
Blame-free employee gets full pay arrears for post-retirement notional promotion rectifying departmental seniority error in military service count; 'no work no pay' inapplicable to department's delay....
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
Temporary work arrangements or in-charge positions do not confer the right to claim promotion on par with juniors, and regular promotions should be granted following the rules and procedures.
An employee's denial of promotion based on disciplinary action cannot persist once the penalty is modified or set aside, establishing the right to fair consideration for promotion within established ....
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....
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