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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AMRIK SINGH – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
JUDGMENT :
HARPREET SINGH BRAR J.
1. Prayer in this writ petition filed under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, for quashing the prejudicial part “notional basis” and “No Work, No Pay” of the speaking orders dated 03.07.2024 (Annexure P-5) and 17.09.2024 (Annexure P-6). Further a writ of mandamus has been sought, directing the respondents to release the actual benefits for promotion to the post of Junior Engineer (JE) from 26.02.1991, Assistant Corporation Engineer (SDO) from 16.03.2001 and Corporation Engineer (XEN) from 27.07.2011 and grant arrears of salary on account of 4/9/14 years of ACP/Step-up, along with interest @18% per annum.
2. Learned counsel for the petitioner, inter alia, submits that the petitioner served the Municipal Corporation, Ludhiana and retired as Sub-Divisional Officer. Despite being senior to certain officers including Sh. R.P. Gupta and Sh. Rajinder Singh, the petitioner was ignored at the relevant time and his juniors were granted promotions to higher posts. Earlier, the petitioner had filed CWP-3545-2005 before this Court, challenging the seniority list, which was disposed of by this Cour
Denial of financial benefits upon notional promotion due to procedural lapses violates principles of natural justice; similarly situated employees must be treated equally.
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.
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 ....
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
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