Concept of notionalpromotion is to ensure monetary benefits to the employees and, therefore, the petitioner was entitled to get the monetary benefits on account of the promotion given to him.
Hakam Singh v. State of Punjab, (P&H) (D.B.)[1]
If the employee retires but is found entitled to promotion from the date his junior was promoted illegally, he is entitled to notionalpromotion and arrears of difference of pay on that basis. The relief cannot be denied on the hypothesis that two persons cannot be deemed to hold one post and both to draw salary against the same post.
Om Parkash Gupta v. State of Haryana, (P&H)(DB)
Denial of Ground that petitioner had not worked on post.Held, since respondents themselves granted promotion from backdate. Petitioner is entitled to pay fixation and benefits of promoted post from said date .
M.S. Tandon v. State and others, (J&K) [2]
If a person was illegally superseded and was held entitled to notionalpromotion with retrospective effect, he cannot be denied the benefit on the ground that there was no more vacancy at the relevant time more so after his retirement from service when he is entitled to only some monetary benefits towards his pension. There is no question of existence of any vacancy but matter can be settled only by giving him notionalpromotion and refix his pension accordingly.
SubedarJagdish Singh v. Union of India, (P&H)[3]
Declaration of order of seniority and promotion unsustainable after retirement of both the employees. The petitioner can be granted only notionalpromotion , rank and consequential financial benefits of pay and allowances for the period he would have become entitled to extended period of service on actual promotion. Passing of any adverse order after retirement against wrongly promoted person will also not be fair and justified.
State of Mysore v. C.R. Seshadri, (SC)
High Court does not have the power to direct notionalpromotion from back date.
Amar Singh v. Union of India, (Delhi) [4]
Notionalpromotion granted on the basis of circular to remove injustice. Circular itself provided not to pay any arrears of salary on the basis of such notionalpromotion. Once the promotion is in terms of such an executive order, no monetary benefits can be claim over and above the same not provided in such an order. Not entitled to arrears of pay on account of notional promotion and seniority from the back date.
Oriental Insurance Co. Ltd. v. T.S. Sastry, (SC)[5]
Person ignored arbitrarily while promoting his juniors, is entitled to promotion, seniority and arrears of wages from the date his juniors were promoted. When the vacancies are available for promotion on the seniority cum merit basis as per rule, filling up of the posts by transfer of juniors ignoring the seniors, is a malafide act on the part of the authority. The posts still remain vacant at the places from where the transferees come. Orders of the High Court giving benefit from retrospective dates, upheld.
Karam Singh v. State of Punjab, (P&H) [6]
Military service benefit :Seniority , passing of test – Deemed date of promotion has to be given after giving benefit of military service . If the petitioner was given chance to pass the promotion test much later but he failed in the first and the junior who was promoted earlier had passed the test in the first go, the petitioner will get deemed date of promotion one year later .Once notionalpromotion is given from a deemed date, the person will be entitled to all consequential benefits whether he actually worked on the post or not.
Roop Chand v. State of Haryana , (P&H)(DB) [7]
Seniority determined as per the merit recommended by the Selection Board – Promotions made in order of seniority . The person senior in the recommendations of the Selection Board is entitled to be promoted first. Petitioner ignored while promoting his juniors. Retired during pendency of litigation . Held entitled to notionalpromotion with all benefits from the date his junior was promoted .
[1]2005(4) S.C.T. 54 : 2005(6) S.L.R. 278
[2]1997(2) S.C.T. 420
[3]2007(1) S.C.T. 745
[4]2002(1) S.C.T. 909
[5]2004(1) R.S.J. 29
[6]2000(4) S.C.T. 210
[7]2008(4) S.C.T. 649 : 2009(2) S.L.R. 525