Document Fragment View
Fragment Information
Showing contexts for: backdated promotion in Dahyabhai Mohanbhai Prajapati vs Union Of India Through Director General ... on 31 July, 2014Matching Fragments
17. In the result, the petition is allowed. Orders passed by the Tribunal dated 20.12.2011 and 19.01.2012 in O.A.No.399 of 2011 and M.A.No.14 of 2012 respectively are quashed. Order dated 04.09.2009 passed by the respondent granting promotion to the petitioner with effect from 18.11.1993 notionally is quashed to the extent it denies to the petitioner arrears of salary flowing from such retrospective promotion. The petitioner is held entitled to arrears of salary on the basis of such backdated promotion. The respondent concerned shall work out such arrears payable to the petitioner after carrying out pay fixation on the basis of his retrospective promotion with effect from 18.11.1993. Pay fixation shall be communicated to the petitioner latest by 31.8.2014 and the arrears shall be released latest by 30.09.2014, failing which the entire amount of arrears shall carry simple interest at the rate of 8% per annum from the date it fell due till actual payment. It is clarified that we have not examined the aspect C/SCA/3492/2012 JUDGMENT of the petitioner's revised pay fixation pursuant to his retrospective promotion. If the petitioner has any grievance and the Department is adopting a particular pay fixation, it will be open for the petitioner to raise such grievance before the appropriate forum in accordance with law. Petition is disposed of accordingly. Rule is made absolute.