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2015 (9) TMI 628 - SC - Indian LawsDenial of actual benefit of pay in the post of Inspector of Central Excise - Held that:- 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 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 Superintendent. While the aforesaid fact is correct what cannot be ignored is that the said consequence emanates from the initial decision of the Union not to promote the appellant to the higher post which was subsequently corrected by the Union itself. - 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 Superintendent respectively - Decided in favour of assessee.
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