Notional benefits include seniority and promotions upon reinstatement, with actual monetary benefits commencing from the date of rejoining service.

ORDER

Per: HON’BLE MR. RAMESH SINGH THAKUR, MEMBER (J):

1. All the above Execution Applications are being taken up together as the facts and order to be executed is similar in all these cases. All these Execution Applications have been filed praying that the order dated 28.11.2020 upheld by the Hon‘ble High Court in CWP No. 420 of 2022 decided on 10.03.2022 in bunch of petitions and further upheld by the Hon‘ble Supreme Court in SLP No. 17898 of 2022 decided on 02.02.2023 and be got implemented in its letter and spirit.

2. We require giving a quick glance to the general facts here. For the sake of convenience, we are taking facts from Execution Applications No. 2259/2024, 2251/2024 2253/2024, 2255/2024 & 2247/2024.

3. The applicants were initially appointed as Inspectors in the Income Tax Department through the Staff Selection Commission between March 1991 and April 1992. An FIR was first registered by the CBI in New Delhi in 1999 and later at Chandigarh in 2000, alleging that the applicants had obtained appointment as Inspectors on the basis of forged nominations. Charge sheets were issued to them in November 2000. Their services were terminated on 23.08.2001 without holding a proper enquiry.

4. The applicants challenged the termination before this Hon‘ble Tribunal. Vide order dated 29.04.2003, the Tribunal directed the respondents to conduct an enquiry to verify the genuineness of the nomination letters. However, without conducting such an enquiry, the respondents reiterated the termination on 10.11.2003. Meanwhile, the applicants were acquitted by the Hon‘ble High Court in the criminal proceedings.

5. Subsequently, the applicants again approached this Hon‘ble Tribunal through OAs including O.A. No. 060/529/2020. Vide judgment dated 28.11.2020, this Tribunal quashed the termination orders and directed reinstatement with notional benefits, clarifying that actual benefits would start from the date of rejoining. The Tribunal‘s judgment was upheld by the Hon‘ble Punjab and Haryana High Court on 10.03.2022. The respondents‘ SLPs were also dismissed by the Hon‘ble Supreme Court on 02.02.2023.

6. The applicants were reinstated on 02.03.2023. However, consequential benefits such as seniority, promotion, and ACP/MACP were not released. Their representation dated 09.05.2023 was not acted upon. A contempt petition was later filed but dismissed on 13.08.2024.

7. As respondents have not granted the full consequential benefits, the applicants have filed the present Execution Applications. They seek implementation of the Tribunal‘s order dated 28.11.2020 in its true spirit by granting notional seniority, promotions, ACP/MACP, and fixation of pay at par with their juniors, along with arrears of actual salary from 09.02.2021 onwards. The applicants rely on the following judgments:

 Union of India v. K.B. Rajoria , 2000 (2) SCT 510 (Paras 16–18) – Notional promotion counts as regular appointment from the deemed date.

 Anant Deep Singh v. High Court of Punjab & Haryana, 2024 (10) SCALE 377 (Para 21) – Once termination is set aside, the employee is deemed to be in service for all purposes.

 Central Bank of India v. Dragendra Singh Jordan 2022 (3) SCT 846 (Para 22) – Wrongful dismissal cannot deprive an employee of seniority and promotion benefits.

 K. Sambha Moorthy v. Sanjiv Chadha , 2025 ALL SCR 555 (Para 30) – Upon setting aside of penalty, employee is entitled to retrospective promotion with full benefits.

 J.P.S. Bhandari v. B.B. Mishra, DG CISF , 2004 (3) SCT 56 (Paras 17–21) – ―No work no pay‖ does not apply where employee was willing to work but was