Dr. Salam Kenny Singh vs The Union Of India Through Its Secretary on 21 March, 2025
1. WP(C) No. 1104/2013, 2874/2013 and 2884/2013
[Umesh Kumar Moza vs. Govt. of J & K & Anr.] para
No. 28, 29 & 30
"28. As for the merits of the case, a perusal of the
order dated 9.7.2010 passed in favour of Dr. Vinod Kumar
Bhat granting him the Second and the Third Time Bound
Promotions w.e.f. 1.4.1994 and 1.4.1999 respectively,
reveals that without any justification, a different yardstick
has been applied by the respondent to the petitioner for
the very same relief while issuing the impugned order
dated 18.7.2011, whereunder he was granted the notional
pay-scale of 4100-5300/- (pre-revised) w.e.f. 1.4.2003, but
was not given the monetary benefits thereunder and w.e.f.
1.4.2011, when the said pay-scale was granted to him
"monetarily". In other words, only the amount payable
w.e.f. 1.4.2011 was ordered to be released in favour of the
petitioner while depriving him of the monetary benefit of
the upgraded pay scale for a period of eight years
reckoned from 01.04.2003. No rationale has been offered
for dividing the Third Time Bound Promotion granted to the
petitioner in two parts at the time of issuing the impugned
order; nor is there any justification for doing so when a
similarly placed Assistant Surgeon employed with the
respondent, namely, Dr. Vinod Kumar Bhat was granted
real time benefits of the Time Bound Promotions.