Topic
The Punjab and Haryana HC held that an employee granted notional promotion is entitled to arrears of salary when the employer’s actions prevent duty performance, quashing the denial of pay for 21 Jan 2008-23 Apr 2012 and ordering payment within three months.
CAT Jammu rules that executive orders cannot override statutory recruitment rules to grant retrospective promotions, safeguarding the seniority rights of direct recruits. The judgment reinforces that promotions must align with prescribed rules, preventing arbitrary administrative actions that disrupt service hierarchies.
MP High Court rules that employees cannot be denied backwages under 'no work no pay' if promotion delays stem from departmental errors. The petitioner is entitled to full arrears with interest from the date of entitlement, reinforcing accountability in service law.
CAT Lucknow rules that once promotions under the 1979 Service Rules are settled by judicial order, they acquire finality and cannot be undone-even if the original reasoning contained legal errors. The decision reinforces vested rights in service matters, protecting employees from retrospective administrative revisions post-cadre restructuring.
The Punjab & Haryana High Court ruled that granting notional promotion without arrears of salary, when the delay is due to administrative lapses, amounts to a violation of Articles 14 and 16 of the Constitution. Employees are entitled to full arrears from the date of eligibility, not merely from the date of the court order. This sets a precedent for holding employers accountable for procedural delays in promotions.