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2018 (2) TMI 1807 - HC - Indian LawsPromotion to the grade of UDC - the respondent had been notionally promoted to the grade of UDC with effect from 23rd August, 1999 by Pune-1 Commissionerate and was placed at serial No.358A in the seniority list of UDCs as on 1st January, 2002 - Held that:- Respondent has been given notional promotion from 2002. The respondent pursuant to the notional promotion, has joined on the promotional post and since then he has been receiving all the consequential, ancillary and incidental benefits arising from the date of notional promotion on 6th December, 2002 as in the case of other persons - It does not appear in the facts of the case, that the respondent has been ignored for promotion or for that matter there had been no reason for not giving promotion to the respondent, as observed by the tribunal. The tribunal appears to be oblivious of prevailing facts and circumstances from time to time, as have been referred to by the petitioner. The tribunal's order does not take into account all these aspects which would have bearing in the matter. Having regard to the attending circumstances, inter-alia, the others to whom also notional date of promotion is given, financial benefits are not given from such a date - we do not see that the impugned decision rendered by the Chief Commissioner for Persons with Disabilities, new Delhi is sustainable on facts and in the circumstances and the position as would be obtaining from the developments taking place from time to time - petition allowed.
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