S K VERMA Vs. CHAIRMAN MR AIRPORT AUTHORITY OF INDIA INTERNATIONAL AIRPORTS DIVISION RAJIV GANDHI BHAWAN

JUDGEMENT

(1.) Rule.

(2.) This writ petition can be disposed of at this stage itself as a short controversy has emerged after judgment of this Court in C.W.3505/94 decided on April 24, 2002. Said writ petition was allowed holding that petitioner was entitled for promotion from 1993 on the basis of the result of the DPC which met on 19.4.93. It seems that said judgment dated April 24, 2002 was not challenged by the respondent and respondent granted notional seniority to the petitioner from 1993 since his junior became eligible for promotion from 24.8.93. However, respondent did not grant consequential benefits of payment of arrears of back wages from 1993 on the ground that petitioner has worked as Assistant Manager only from 2000 and therefore, no arrears of back wages could be granted to the petitioner. In this regard counsel for the petitioner has relied upon the decision of this Court in Shri Kalyan Singh Vs. Union of India CW. 4497/96, All India Services Law Journal II 2001(1), 216. It is contended by counsel for the petitioner that arrears of salary was to be granted to the petitioner from 1993, the day when petitioner was promoted by the respondent and therefore, denial of arrears of back wages is contrary to law.

(3.) On the other hand, Mr. Rajan Sabharwal counsel appearing for respondent has contended that petitioner is not entitled to arrears of salary as petitioner has not worked on the post of Assistant Manager from 24.8.93 till 28.2.2000 and he is not entitled to the pay of Assistant Manager for the said period and in this regard has relied upon the judgment of this Court in Pradeep Kumar Vs. MCD 99 (2002) DLT 735.