upon grant of
retrospective promotion from due date
on 30.4.2011, then, condition of
notional promotion in orders of
retrospective promotion [Annexure ... accruing on
account of retrospective promotion/ appointment from
the date such rights and benefits were wrongfully
denied but were given to others. Even the condition
Petitioner was deprived to get the benefit of promotion to the rank of
Headmaster, when such promotion was extended in favour of various
Trained Graduate ... gradation list, Petitioner was not given the
benefit of promotion to the rank of Headmaster w.e.f.11.10.2012.
3.16. It is contended
benefit of
promotion within stipulated years (12 & 24 years,
respectively in Madhya Pradesh). In other words, the
financial upgradation is given when employee ... cannot get the benefit of his own wrong.
Thus in such cases, where the employee was given
promotion and he declined it, in our view
Particularly when
the administration has wrongly denied his due then in that case he should be
given full benefits including monetary benefit subject to there ... opinion that when an employee has wrongly denied
any promotion he should be given full benefits but at the same time the
principle
claim of a Scheduled Tribe Assistant Architect
who had been denied promotion as Divisional Architect and Senior
Architect despite being the senior-most ST candidate ... when an OM candidate was wrongly
adjusted), be given all consequential benefits, and that her case for
promotion to Senior Architect be also considered from
settled that if any appointment/promotion has been
granted dehors the rule, the incumbent who has been granted
promotion, is not entitled to hold ... would appear from the fact
of the given case, rather it is a case of wrong consideration by the
competent authority deviating from the statutory
against the said ad hoc promotion, were released and paid
.
to them, which otherwise were to be given only to regularly
promoted officers. Relevant portion ... benefits, which otherwise
were to be given to regular promotee officers. Apart from
this, since the Departmental Promotion Committee
(hereinafter referred
submits that
where notional promotion is given, it is the period from the date of the
notional promotion that is to be counted as regular ... submits that once an employee has been adjudged fit for
promotion, promotion against a vacancy is a fundamental right and a
Signature Not Verified
Digitally
promotion can be kept in abeyance
pending disciplinary action. It is seen that applicant's non-
inclusion in Annexure A4 list of promotion ... provides that promotion shall not be given to officers against
whom major penalty proceedings are pending. We do not
find anything wrong with the exclusion
notional
promotion has to be as if, for service benefits, he
had been given due promotion. A person, who is
entitled to promotion ... notional
promotion is not sustainable in law. What
the petitioner got was not a notional
promotion and it is wrong to call this
promotion
