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TMI Blog2015 (9) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. The promotion made on the recommendation of the DPC would go to show that the appellant was fit and eligible for promotion on the dates when his juniors were promoted. The only ground that had prevailed upon the Union of India to refuse the appellant the benefit of actual pay following such notional promotion is that the appellant had not worked in the higher post of Inspector and Super ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 notional promotion in the post of Superintendent of Central Excise with effect from 24th January, 2003 by another or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ery 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 eligible for promotion on the dates when his juniors were promoted. The only ground that had prevailed upon the Union ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : 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 departmental enquiry or in criminal case it depends on the authorities to grant full back wages or 50 per cent of ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st 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 regular pay to the appellant with effect from the dates of his notional promotion to the post of Inspector and Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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