If an employee is denied eligible promotion while in service, he will be entitled for notional promotion with all the monetary benefits even after the retirement, the Kerala High court has ruled in the case of Joseph John of Government aided Aquinas college of Edakochi.
The petitioner was denied promotion to the post of Superintendent, which he had challenged in High Court. He retired while his writ petition was pending in High court. The High Court while hearing the case found that he had a rightful claim which was wrongly denied by the authorities concerned. The High Court held that since the petitioner's rightful claim was denied , he should be given the notional promotion and granted all the monetary benefits which he would have have been granted had he been in service.
The petitioner was denied promotion to the post of Superintendent, which he had challenged in High Court. He retired while his writ petition was pending in High court. The High Court while hearing the case found that he had a rightful claim which was wrongly denied by the authorities concerned. The High Court held that since the petitioner's rightful claim was denied , he should be given the notional promotion and granted all the monetary benefits which he would have have been granted had he been in service.
Kindly provide me with OA No. or Link from which the Court Judgement can be downloaded.Thanks
ReplyDeleteI have uploaded the judgement on this blog. It is available at serial no. 19 in the list of judgements under title " Important Judgements " under caption " Disciplinary Proceedings" You may get the same downloaded. If you face any difficulty in downloading it , please let me know your Email I.D., and I will arrange to send it to you.
ReplyDeletecan a central Government employee retired voluntarily be reinstated on his request after retirement has become effective as he may get promotion ordered subsequently?
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Shri Joshi ji,
ReplyDeleteI have been promoted to SAG-CHS post after retirement.
I am paid the revised salary with arrears,
but
1-due revised pension is denied to me,
2-12% interest on delayed revised salary is denied.
left with no option I am planning to file a writ in court.
please advise and share the court ruling/judgement
whether I am entitled to full monetary,like salary,pension,gratuity etc.benefits as mentioned by you?
thanking you,
your's sincerely
Dr.V.K.Agarwal
Please send me the full details on my emai address shridhar1941@gmail.com
ReplyDeleteI HAVE RECEIVED YOUR MAIL. I WILL GET BACK YOU IN NEXT 4-5 DAYS.
ReplyDelete