GOVERNOR OF DELHI Vs. J P GUPTA

JUDGEMENT

(1.) THE petitioner has impugned the order dated 29th July, 2009 in OA No. 1846 of 2008 passed by the Central Administrative Tribunal, Principal Bench, New delhi titled Shri J. P. Gupta v. GNCT of Delhi and others allowing the plea of the respondent to grant him promotion with effect from 25th September, 2001 when he was relieved to join the ex cadre post in DANICS and to pay all the difference of arrears of the pay with effect from 25th September, 2001 till he was actually promoted on ad hoc basis on 30th January, 2008.

(2.) THE respondent had claimed promotion on ad hoc basis on an ex cadre post in DANICS with effect from 11th September, 2001 which was denied to him on the ground that he was placed under suspension and was also facing a disciplinary proceeding.

(3.) THE respondent was exonerated from the disciplinary proceedings and the promotion was given to him from 2008 before his retirement. The suspension of the respondent was also revoked, however, retrospective promotion was not given to him on the ground that it would not apply in case of a retiree.