Anonymous User at 10:52 p.m. on 18 April 12
Central Excise Kolkata - I Commissionerate was compelled to rectify the injustice on the SC candidates and to issue order 12/11 dated 10/02/2011 to fix up notional seniority in the grade of Superintendent from 23/9/2002. The actual date of promotion of the affected officers were at a later date. In this case the Article 46 which is under Directive Principles of the Constitution of India is violated. The department is in the opinion to pay dues from the actual date of promotion. There is specific provision in the Indian
Railway Establishment Manual which governs such situations. Para 228 is the said provision which reads as under:- 228. Erroneous Promotions (I). Sometimes due to
administrative errors, staff are over looked for promotion to higher grades could either be on account or wrong assignment of relative seniority of the eligible at the time of
ordering promotion or some other reasons. Broadly, loss of seniority due to the administrative errors can be of two types:- i. Where a person has not been promoted at all
because of administrative error, and ii. Where a person has been promoted but not on the date from which he would have been promoted but for the administrative error. Each
such case should be dealt with on its merits. The staff who have lost promotion on account of administrative error should on promotion be assigned correct seniority vis--vis
their juniors already promoted, irrespective of the date of promotion. Pay in the higher grade on promotion may be fixed proforma at the proper time. The enhanced pay may be allowed from the date of actual promotion. No arrears on this account shall be payable as he did not actually shoulder the duties and responsibilities of the higher posts.
But in the Central Excise department in number of cases when suspended officers gets notional promotion after being exonerated from the allegation are being paid arrears from the date of notional promotion considering that they had no fault on their part.
In the present situation as mentioned above the decision taken by the department appears to be arbitrary as in this case also the officers who were deprived of their legitimate claim for promotion had no fault at all. Please offer views with supporting case laws.
Anonymous User at 7:07 p.m. on 12 Aug. 12
In administrative fault that individual should not be punished to deprive him from his concicuantial benefit (monetary),should give all benefit from his notional promotion.