RAMESH KUMAR versus UNION OF INDIA & ORS.

RAMESH KUMAR versus UNION OF INDIA & ORS.

When an employee is granted ante-dated seniority and promotion, especially if the employer was at fault in not considering promotion at the proper time, the employee cannot be denied pay and allowances from the back date as the principle of 'no work no pay' does not apply in such circumstances.

Parties
Appellant: Ramesh Kumar; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
31 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Writ Petition and Review Application
Outcome
Appeal allowed
Legal Topics
Promotion, Retrospective Promotion, Pay and Allowances, No Work No Pay Principle
Service Law Promotion Retrospective Promotion Pay and Allowances No Work No Pay Principle

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Parties

Ramesh Kumar

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Writ Petition and Review Application

Legal Issues

  1. 1 Whether denial of pay and allowances from the back date of retrospective promotion is justified under the principle of 'no work no pay'
  2. 2 Whether the appellant was eligible for promotion based on discipline criteria and expiry of red ink entries

Ratio Decidendi

When an employee is granted ante-dated seniority and promotion, especially if the employer was at fault in not considering promotion at the proper time, the employee cannot be denied pay and allowances from the back date as the principle of 'no work no pay' does not apply in such circumstances.

Court Disposition

Appeal allowed

Orders

  • Impugned orders of High Court set aside
  • Respondents to release arrears of pay and allowances to appellant for period from 01.08.1997 to 13.11.2000 in promotional post of Naib Subedar within eight weeks