UNION OF INDIA Vs. G D GOEL

JUDGEMENT

(1.) PERENNIAL issue, which keeps cropping up and arises in this petition as well, relates to arrears of pay for intervening period after an employee is granted notional promotion from the back deemed date. The contention of the concerned employee in all such cases is always that he was denied promotion to a higher post wrongly by the department and, therefore, once the department has realised its mistake and given the promotion from a back date which was legitimately due to him, the notional promotion would be no consolation and he cannot be denied the arrears of pay for the intervening period.

(2.) ON the other hand, submission of the department in such cases is that by giving notional promotion the incumbent gets due seniority as well as proper pay fixation but he is not entitled to the arrears of pay from the deemed date of promotion to the date of his posting in the promotional post, as he has not worked during that period and, therefore, principle of 'no work No pay' would be applicable.

(3.) IN all these cases before us, the employer has denied the benefit of salary for past period though promotion granted retrospectively and pay fixed notionally from the date of promotion.