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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SARBJIT SINGH AND OTHERS – Appellant
Versus
NATIONAL SCHEDULED CASTE COMMISSION AND OTHERS – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. As per office report, notice issued to respondent No.1 has been served, however, none has put in appearance on behalf of respondent No.1.
2. The instant writ petition has been filed by the petitioners claiming the following reliefs:-
i) That a writ in the nature of Certiorari be issued quashing the impugned proceedings/order dated: 10.10.2022 (P-7) vide which the respondent No.1 in File No. S-8/Punjab-6/2022/SSW-1 has stayed all further promotions from the post of Principal to the post of District Education Officer in the respondent No.2 department in grave violation of the law settled by the Hon’ble Supreme Court of India in case titled as “All India Indian Overseas Bank SC and ST Employees’ Welfare Association and others Vs. Union of India and others”, (1996) 6 SCC 606, in which the Hon’ble Supreme Court of India has categorically held that the respondent No.1 Commission has no power to issue interim injunctions and also being violative of Rule 7.4.1 (e) and (f) of the “Rules of procedure of the National Commission for Scheduled Castes”, which makes it clear that no complaint with regard to any subjudiced matter and Cases pending in Courts or cases in w
Promotions mandated by previous court rulings must be implemented without discrimination, ensuring rights are upheld as per governing laws.
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 discharging duties of a higher post is entitled to pay and allowances for that position, regardless of the absence of formal promotion orders. Delay in processing claims does not nullify ....
An employee denied promotion due to administrative errors is entitled to retrospective promotion and benefits once exonerated from charges.
The main legal principle established in the judgment is the application and interpretation of Government Order No.25 P & AR Department dated 23.03.2015 to rectify pay anomalies between seniors and ju....
Promotion rights must adhere to seniority rules, with equitable treatment for similarly situated employees.
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