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1994 (5) TMI 290 - SC - Indian Laws

Issues:
1. Entitlement to promotion based on year of passing qualifying examination vs. seniority.
2. Refixation of inter se seniority and promotions with retrospective effect.
3. Entitlement to payment of arrears of pay and allowances from the date of promotion.
4. Consideration of back wages in cases of large-scale revision of seniority.

Analysis:
Issue 1: The judgment addressed the conflict regarding promotion criteria, whether based on the year of passing the qualifying examination or seniority. The Tribunal upheld the decision in favor of promotion based on the year of passing the examination, as established in previous judgments by the Allahabad High Court and various Tribunal Benches. The Supreme Court dismissed contentions against this decision, emphasizing the finality of previous rulings.

Issue 2: The Tribunal ruled that applicants were entitled to benefits based on the Allahabad High Court judgment, including refixation of seniority and notional promotion with retrospective effect. However, the Tribunal clarified that applicants were only entitled to refutation of their present pay, not back wages. Safeguards were also established for officers facing reversion due to the revision of seniority lists.

Issue 3: The Tribunal considered the payment of arrears of pay and allowances from the date of promotion. It noted the complexity arising from large-scale revisions of seniority and promotions, citing the principle of no pay for no work. The Tribunal emphasized the need to mold relief accordingly and ordered refutation of present pay without back wages.

Issue 4: The judgment discussed the issue of back wages in cases of large-scale seniority revisions. The Tribunal justified its decision to decline back wages except from the date the individuals actually worked in higher positions. This decision was supported by previous Supreme Court rulings, including the case of Paluru Ramakrishniah and others. The dismissal of Special Leave Petition No. 16698 of 1992 confirmed the Tribunal's stance on back wages.

Overall, the judgment clarified the entitlement to promotion, refixation of seniority, and payment of arrears in the context of large-scale seniority revisions, emphasizing the need to balance relief with the practical implications of such revisions.

 

 

 

 

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