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HIGH COURT OF DELHI
Date of Decision: May 17, 2023
UNION OF INDIA ..... Petitioner
Through: Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Ms. Astu Khandelwal and
Ms. Usha Jamnal, Advocates.
Through: Mr. J.P. Shukla & Ms. Shipra Shukla, Advocates.
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA V. KAMESWAR RAO (Oral)
JUDGMENT
1. The challenge in the Writ Petition is to an order dated November 29, 2018, whereby the Tribunal has allowed the Original Application 4399/2013 filed by the respondent no. 1 herein by stating in paragraphs 6 and 7 as under:
2. The claim of the respondent no. 1 before the Tribunal was that he is an officer of 1993 batch of a Central Secretariat Service (CSS). His name was put, in the selection grade select list in the year 1995. He became eligible to be considered for promotion as Joint Secretary in the year 2011. However, there was a ceiling of 60% of the posts available against the officers to be promoted from the selection grade of CSS to Joint Secretary. On account of that the respondent no. 1 and another person were left out. In the next year both of them were promoted as Joint Secretary on in-situ basis.
3. The case of the respondent No.1 before the Tribunal was that he was entitled to be promoted in the year 2011 itself, but was promoted through an order dated October 29, 2012. His case was also that the imposition of ceiling of 60% was totally unjustified. He also pleaded despite the government raising the ceiling from 60% to 75%, he was still treated as promoted w.e.f. October 29, 2012 and not from July 22, 2011.
4. The only submission made by Mr. Prakash is that the challenge to the impugned order is to the extent that the Tribunal has given the actual benefits to the petitioner, whereas it should have been on notional basis on the principle of no work no pay. The plea is appealing since the Tribunal has given the benefit from a back date, it was not justified for it to give the consequential benefits i.e. arrears of pay between July 22, 2011 till October 29, 2012 in the facts.
5. The order of the Tribunal is modified to the extent the petitioner shall be entitled to the benefits on the post of Joint Secretary w.e.f. July 22, 2011 on notional basis, but he shall be entitled to the arrears of pay including the difference in retiral benefits w.e.f. the date of his actual promotion on October 29, 2012 as Joint Secretary. The benefits thereof shall be released to the petitioner within a period of three months from today.
6. With the above, the Writ Petition is disposed of.
V. KAMESWAR RAO, J.
ANOOP KUMAR MENDIRATTA, J. MAY 17, 2023