New Delhi, Dec 28: The Delhi High Court has held
that an employee is not entitled to arrears if he or she is
promoted with retrospective effect.
Justice SN Aggarwal passed the order on a petition filed
by an employee of India Tourism Development Corporation,
seeking court's direction to the government to grant her
arrears for the period during which she was denied promotion
and was later given promotion with retrospective effect.
"I hold that she is not entitled to any arrears of salary
for the period of her notional promotion preceding the date of
her actual promotion," the court said.
The court referred previous Supreme Court verdict
formulating the doctrine of "no work no pay".
"It has been held that the salary and allowances of a
promotional post cannot be granted to an incumbent as no work
was done by employee in the promotional post till the time the
incumbent was actually promoted," the court referring to apex
court judgement.
The petitioner, Shashi Kiran Suri, had pleaded that as
she was denied the promotion because of the mistake of the
administration, the authorities are bound to pay the arrears
of salary along with the benefit with retrospective effect to
undo their mistake.
The Corporation, however, contended that the promotion
was not granted to her because of pendency of chargesheet
against her at the relevant time.
Therefore, denial of the promotion to the petitioner was
bona fide and no fault can be attributed to the management in
this regard, it pleaded.
Bureau Report
First Published: Sunday, December 28, 2008, 00:00