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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
| Table of Content |
|---|
| 1. petitioner seeks retrospective promotion and arrears. (Para 1 , 2) |
| 2. petitioner's arguments against notional promotion defined. (Para 3 , 4) |
| 3. court's rationale for granting retroactive benefits. (Para 6 , 7) |
| 4. court highlights discrimination against similarly situated employees. (Para 8) |
| 5. writ petition allowed; mandates promotion with payment. (Para 9 , 10) |
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 inst
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....
Post exoneration in disciplinary/criminal proceedings, employee entitled to retrospective promotion with actual monetary benefits from due date, not notional, absent recorded reasons for denial; 'no ....
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