Notional promotions not bereft of monetary benefits: CAT
Even a notional promotion accorded to a government servant cannot be bereft of its consequential monetary benefits, including pension and arrears, the Central Administrative Tribunal has ruled.
New Delhi: Even a notional promotion
accorded to a government servant cannot be bereft of its
consequential monetary benefits, including pension and
arrears, the Central Administrative Tribunal has ruled.
"If a wrong is done, consequential benefits must be
given on notional promotion," said the CAT`s Delhi-based
principal bench, while asking Delhi Police to accord all
pecuniary benefits to one of its officials, who had been
earlier given notional promotion by it after his retirement.
The CAT`s principal bench gave this ruling on an
appeal by Assistant Sub-Inspector Ishwar Singh of Delhi
Police, who had lost his job following his conviction by a
trial court in a criminal case, but was eventually acquitted
by the Supreme Court, albeit after August 2005, when he had
already crossed his age of retirement.
Following his acquittal, the Delhi Police, in April
2008 notionally restored his services for the purpose of grant
of pensions etc.
In fact, it even accorded him a notional promotion in
August 2008 to the post of sub-inspector with retrospective
effect from August 2001 to August 2005.
The Delhi Police notionally promoted Singh on CAT`s
directions, but had refused to give him any pecuniary benefit
like arrears or revised pensions, which could have been due to
him had he been actually promoted while being in service.
While opposing Singh`s second round of appeal before
the CAT for actual pecuniary benefits following his notional
promotion, the Delhi Police counsel H K Gangwani had contended
that Singh was rightly denied the actual pecuniary benefits.
He contended that Singh was denied pecuniary benefits
on no-work-no-pay principal as he had not served the
department in the period from August 2001 to August 2005
for which he had been given the notional promotion.
But the CAT dismissed Gangwani`s contentions
supporting Singh`s claim that his clean acquittal by the apex
court had erased all the stigma and disability on account of
the criminal case.
"In our considered view, as the stigma attached to the
conviction has been obliterated on acquittal from criminal
case, his claim was wrongly denied on being declared unfit,"
the tribunal bench of Veena Chhotray and Shanker Raju said.
Dismissing Delhi Police`s contention that Singh was
rightly denied the pecuniary benefits on the principle of
no-work-no-pay, the CAT said that Singh was not able to
perform his duties owing to the pending criminal case against
him, which eventually ended in his acquittal.