Case Note & Summary
The petitioner, Bramhanand M. Dessai, an Executive Engineer (Civil) in the Electricity Department, Government of Goa, filed a writ petition challenging an order dated 6.9.2013 which notionally fixed his pay in the scale of Rs.10,000-325-13,200 (pre-revised) with effect from 11.2.2005 but granted actual monetary benefits only from 7.3.2013. The petitioner had earlier approached the High Court in Writ Petition No.33/2006, which was disposed of on 11.10.2012 directing a fresh review by the Departmental Promotion Committee (DPC). Pursuant to that direction, the DPC met and recommended the petitioner's promotion from 11.2.2005, but the impugned order granted only notional promotion from that date with actual benefits from a later date. The petitioner argued that since the delay in promotion was not attributable to him, he was entitled to full monetary benefits from the date of promotion. The respondents contended that the delay was due to the petitioner's own conduct in filing the earlier petition. The court, after hearing both sides, held that the restriction of monetary benefits to a later date was arbitrary and unsustainable. The court quashed the impugned order to the extent it limited actual monetary benefits and directed the respondents to grant actual monetary benefits from 11.2.2005, the date of notional promotion, within three months. The petition was allowed in those terms.
Headnote
A) Service Law - Promotion - Notional Promotion vs. Actual Monetary Benefits - Petitioner was notionally promoted w.e.f. 11.2.2005 but actual monetary benefits granted only from 7.3.2013 - Court held that when delay in promotion is not attributable to the employee, the employee is entitled to full monetary benefits from the date of promotion - Impugned order quashed to the extent it restricts monetary benefits - Respondents directed to grant actual monetary benefits from 11.2.2005 (Paras 2-5).
Issue of Consideration
Whether the petitioner is entitled to actual monetary benefits from the date of notional promotion (11.2.2005) instead of only from a later date (7.3.2013) when the promotion was delayed due to administrative reasons not attributable to the petitioner.
Final Decision
The impugned order dated 6.9.2013 is quashed and set aside to the extent it restricts actual monetary benefits to 7.3.2013. The respondents are directed to grant actual monetary benefits to the petitioner from 11.2.2005, the date of notional promotion, within three months. The writ petition is allowed in those terms.
Law Points
- Promotion with notional fixation and actual benefits from later date is arbitrary
- entitlement to full monetary benefits from date of promotion when delay not attributable to employee
