Secy. - Cum- Chief Engineer, Chandigarh vs Hari Om Sharma & Ors on 29 April, 1998
8. The order dated 28th February, 2001, by which the appellant was
allowed to discharge duties in the post of Assistant Manager had made it
clear that the appellant would not be entitled to claim any benefit
therefrom including higher salary and further that he would continue to
draw his salary in the post of Assistant Labour Welfare Officer. If the
above was an express term of the order allowing him to discharge duties in
the higher post, it is difficult to see as to how the said condition can be
overlooked or ignored. The decision of this Court in Secretary-cum-Chief
Engineer, Chandigarh (supra) was rendered in a situation where the
incumbent was promoted on ad hoc basis to the higher post. The aforesaid
decision is also distinguishable inasmuch as there was no specific
condition in the promotion order which debarred the incumbent from the
salary of the higher post. Such a condition was incorporated in an
undertaking taken from the employee which was held by this Court to be
contrary to public policy.