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C. Bakthavatchalam Versus Union of India & Anr.

2015 (9) TMI 628 - SUPREME COURT

Denial 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 In .....

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ffect from the dates of his notional promotion to the post of Inspector and Superintendent respectively - Decided in favour of assessee. - CIVIL APPEAL NO.6926 OF 2015 [ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO.8425/2014] - Dated:- 7-9-2015 - Mr. Ranjan Gogoi and Mr. N.V. Ramana, JJ For the Petitioner : Mr. Jayanth Muth Raj, Adv., Mrs. Malavika J., Adv., Mr. Sureshan P., Adv. For the Respondent : Mr. P.S. Narasimha, ASG, Ms. Vimla Sinha, Adv., Mr. Sunil Mathew, Adv., Mr. B. Krishna Prasad .....

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. The appellant therefore moved the Central Administrative Tribunal which granted him the relief. Aggrieved, the Union of India filed a writ petition before the High Court of Judicature at Madras. The High Court having answered the issue in favour of the Union of India, the appellant has filed this appeal under Article 136 of the Constitution of India. 3. It will be unnecessary to take note of the detailed facts save and except that the notional promotion of the appellant against both the posts .....

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t 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. 4. We have further noticed that the Tribunal' .....

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