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IRSHAD ALI
Vinod Chandra Jain – Appellant
Versus
State Of U. P. Thru Addl. Chief Secy. Medical Health and family – Respondent
JUDGMENT :
Irshad Ali, J.
1. Heard Sri Hari Prasad Shukla and Sri Ashok Shukla, learned counsel for the petitioners and Sri Shiv Ganesh Singh, learned Additional CSC for respondent - State.
2. This bunch of writ petitions is being decided by means of a common judgment and order as the controversy involved in the writ petitions is similar in nature treating Writ-A No.13992 of 2019 to be leading writ petition and the order passed thereon shall be equally applicable to all the connected matters.
3. The controversy involved in the present bunch of writ petitions arises due to denial of extension benefit granted by Hon'ble Supreme Court of India in Writ Petition No.43 of 1998; Dr. Chandra Prakash and others Vs. State of Uttar Pradesh and others decided on 04.12.2002, reported in 2002 (10) SCC 710, the petitioners preferred present writ petitions with following prayer:
ii) Issue a w
The court ruled that denial of promotion and salary arrears based on seniority is arbitrary and discriminatory, mandating compliance with prior court orders.
Point of Law : Notional promotion- Seniority can be given and also notional promotion only upto the post of Joint Director, the post of Additional Director and Director and Director General being sel....
Employees are not entitled to back wages for notional promotions without actual performance of duties on respective posts.
Discriminatory treatment in promotion affects employees' rights under constitutional provisions, necessitating retrospective benefits and equal treatment.
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