BHIM SAIN VASHISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 8/1/2016 (Annexure P-9) to the extent the petitioner despite having been extended notional promotion has been denied benefit of arrears of pay and allowances.

(2.) The petitioner was appointed Sub-Inspector (Executive) on 18/12/1976 with respondent-department. The petitioner was time to time promoted and on 27/7/2012 he was promoted to the post of Commandant. He was entitled to the promotion on the post of Senior Commandant w.e.f. 14/4/2015, however, he was not promoted because of pendency of inquiry against him. The petitioner was exonerated in the inquiry and accordingly promoted w.e.f. 14/4/2015 vide communication dtd. 8/1/2016. The petitioner is claiming arrears and pay band w.e.f. 14/4/2015 whereas respondent-department has extended w.e.f. actual date of promotion i.e. 8/1/2016.

(3.) Learned counsel for the respondents while pointing out reply submits that as per Para 3 of OM dtd. 14/9/1992 issued by Department of Personnel and Training, where an officer is granted promotion on notional basis i.e. preceding the actual date of promotion, the appointing authority may or may not extend benefit of arrears of pay for the period of notional promotion. From the perusal of Para 3 of afore-cited OM, it comes out that if appointing authority decides to deny arrears, it is required to record reasons for the denial. Para 3 of the aforesaid OM is reproduced as under: