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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CHANDER BHAN – Appellant
Versus
STATE OF HARYANA AND ANR – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The jurisdiction of this court under Articles 226/227 of the Constitution of India has been invoked by way of present civil writ petition with a prayer to quash the impugned clause of order dated 04.09.2020 (Annexure P-7) and the order dated 12.11.2020 (Annexure P-8) whereby the arrears of pay and the pay fixation of notional promotion was denied to the petitioner, with a further prayer to direct the respondents to grant consequential monetary benefits of the deemed promotion granted to the petitioner for the post of sub-inspector as well as Inspector, Food and Supplies w.e.f 20.04.2012. and 17.06.2016 respectively.
Brief Facts
2. The petitioner initially joined the department on daily wage basis on 24.04.1987 as P.R. Chowkidar at Narwana, District Jind. His services were regularized w.e.f. 01.04.1993. Thereafter, he was promoted as Clerk w.e.f. 04.04.2011 (Annexure P-1) and further as Sub-Inspector w.e.f. 27.06.2014 (Annexure P-2).
3. The grievance of the petitioner is that certain officials, namely Satbir Singh and Jai Bhagwan, who were junior to him in service, were promoted to the posts of Sub-Inspector and Inspector prior to him. One Satbir S
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 ....
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.
Denial of financial benefits upon notional promotion due to procedural lapses violates principles of natural justice; similarly situated employees must be treated equally.
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