9911796707
TMI Blog1994 (5) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. This Order will dispose of above said 58 matters. However, we are taking the facts from Special Leave Petition No. 16698 of 1992. This petition is directed against the judgment dated 29th June, 1992 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Review application No. 195 of 1992 in OA No. 2667 of 1991. This decision was rendered by the Principal Bench over a conflict of decision on two basic issues which arose for consideration, namely - (1) whether the applicants and persons similar to them are entitled to promotion from the grade of Jr. Engineers to the next higher grade in the Telegraph Engineering Service Group B (Assistant Engineers and equivalent post) on the basis of the year of passing the qualifyi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on filed by the Union of India against the judgment of the Principal Bench of the Tribunal dated 7th June, 1991 was dismissed by the Tribunal on 1st October, 1991. Thereafter, another Bench of the Tribunal presided over by its Chairman gave certain directions to the respondents on 28th February, 1992 in a batch of contempt petitions filed by the petitioners alleging non-compliance of the judgment of the Principal Bench of the Tribunal dated 7th June, 1991. 3. In the aforesaid order dated 28th February, 1992, the Bench noted the intention of the respondents to revise the seniority of the entire cadre of Telegraph Engineering Service Group B Officers as per para 206 of the P T Manual Volume IV. The respondents before the Tribunal had submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e scale revision of seniority and promotions consequent thereto retrospectively. It took the view that the normal rule of giving back wages to the persons concerned will not apply to such cases or in such situations. While relying upon Paluru Ramakrishniah and Ors. v. Union of India and Anr. (1989) 2 SCC 541 = 1989 Scale 830 it noted the observations of this Court that it is a well settled rule that there has to be no pay for no work although after due consideration a person is given a proper place in the gradation list having deemed to be promoted to the higher post with effect from the date his junior was promoted. At the most he would be entitled to refutation of his present pay on the basis of notional seniority granted to him so that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... back wages. We order and direct accordingly. (3) We hold that in case the redrawing of the seniority list results in reversion of officers who had been duty promoted already, their interest should be safeguarded at least to the extent of protecting the pay actually being drawn by them, in case creation of the requisite number of supernumerary posts to accommodate them in their present posts in not found to be feasible. We order and direct accordingly. (4) While effecting promotions, the respondents shall hive due regard to the provisions for reservation in favour of Scheduled Castes/Scheduled Tribes. 6. This view was again upheld by the impugned judgment passed by the Tribunal on review application. 7. So far as the first ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not be less than to those who are immediately below them and the question is only whether they would be entitled to back wages from the date of notional promotion. We are of the view that the Tribunal was justified, in view of the peculiar circumstances of the case and enormity of the problem dealing with 10,000 persons, in declining to grant back wages except with effect from the date they actually worked on the higher post. The same view was taken by this Court in the aforesaid judgment of Paluru Ramakrishniah and others, where this Court declined similar reliefs. 10. Learned Counsel for the petitioners relied upon the decision of this Court in Union of India and Ors. v. K.V. Jankiraman and Ors. (1991) 4 SCC 109. 11. It will be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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