New Delhi, Dec 30: Till the time a promoted employee
starts working at a new post, there is no scope for drawing a
higher salary even if the promotion takes effect from a back
date, the Delhi High Court has held.
Ruling out back wages for an employee who gets promoted
with retrospective effect, Justice S N Aggarwal passed the
order on a petition filed by an employee of India Tourism
Development Corporation.
The petitioner, Shashi Kiran Suri, had sought 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 to Supreme Court's verdict which
talked about 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 an employee in the promotional post till the time
the incumbent was actually promoted," the court said referring
to apex court judgement.
The petitioner 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 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: Tuesday, December 30, 2008, 00:00