The Hindu : National : Revised pay from actual date of promotion

Online edition of India's National Newspaper
Saturday, Oct 07, 2006
ePaper

National

National

Revised pay from actual date of promotion

Legal Correspondent

No higher scale from the date of notional elevation, rules court

New Delhi: A government servant will get revised pay scale only from the date of his actual promotion to the higher grade and not from the date he has been given notional elevation, the Supreme Court has held.

Also no salary arrears are payable as the employee does not actually shoulder the responsibilities of the higher post, said a Bench consisting of Justices Arijit Pasayat and Lokeshwar Singh Panta.

"Sometimes due to administrative errors, staff are overlooked for promotion. It could either be on account of wrong assignment of relativeseniority of the eligible at the time of ordering promotions or some other reasons." Broadly, loss of seniority due to administrative errors could be of two types: where a person was not promoted, and where a person was promoted but not on the date from which he ought to have been promoted.

"Each such case should be dealt with on its merits. The staff who have lost promotion on account of an administrative error should on promotion be assigned correct seniority vis-à-vis their juniors already promoted, irrespective of the date of promotion. Pay in the higher grade on promotion may be fixed pro forma at the proper time. The enhanced pay may be allowed from the date of actual promotion."

In the instant case, Tarsem Lal working in the Railways moved the Central Administrative Tribunal for a direction that he be given revised pay from the date of his pro forma promotion.

The CAT allowed his plea and the Punjab and Haryana High Court confirmed this order.

Setting aside the judgment, the Bench held that the CAT and the High Court were not correct in granting relief to the respondent.

Printer friendly page
Send this article to Friends by E-Mail

National

News Update

Stories in this Section