2015 (9) TMI 628

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....j, Adv., Mrs. Malavika J., Adv., Mr. Sureshan P., Adv. For the Respondent : Mr. P.S. Narasimha, ASG, Ms. Vimla Sinha, Adv., Mr. Sunil Mathew, Adv., Mr. B. Krishna Prasad, Adv. ORDER 1. Leave granted. 2. The appellant was granted notional promotion in the post of Inspector of Central Excise by order dated 24th August, 2007 with effect from 5th September, 1988. Similarly, he was given no....

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.... the dates mentioned above were so made on the recommendation of the Departmental Promotion Committee (DPC). The very fact that the appellant was subsequently promoted, though notionally, indicates that the respondent-Union of India accepts the wrongful denial of such promotion to the appellant. The promotion made on the recommendation of the DPC would go to show that the appellant was fit and eli....

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....and which is reproduced herein below would support the view taken by the Tribunal in the facts of the present case: "We have considered the decisions cited on behalf of both the sides. So far as the situation with regard to monetary benefits with retrospective promotion is concerned, that depends upon case to case. There are various facets which have to be considered. Sometimes in a case of dep....

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....ng any change in law or some other supervening factors. However, it is very difficult to set down any hard-and-fast rule. The principle "no work no pay" cannot be accepted as a rule of thumb. There are exceptions where courts have granted monetary benefits also." (underlining is ours) 5. In the light of the above, we are of the view that the High Court had erred in refusing the benefit of re....