Pankaj Kumar vs Union Of India & Ors

While granting leave on 06.11.2019, the facts leading to the filing of the appeal as well as the basic submissions advanced by the learned counsel appearing for the parties were dealt with in extenso.

After dealing with reasons, on the basis of which the claim for protection stood rejected, it was finally observed by this Court as under:-

"In the facts and circumstances of the case, in our view, the appellant had definitely made out a case and the authorities were completely in error in rejecting his claim. At this stage whether such rejection amounted to contempt or not is a different issue. Before we are called upon to consider such issue, we give one opportunity to the respondent-bank to rectify the mistake by passing appropriate orders.

Let the appropriate orders be issued by the respondent-bank within 15 days from today."

Thereafter an affidavit of compliance has been filed on behalf of the respondent-Bank to which is appended copy of the order dated 26.11.2019. Said order reads as under:

"Your appeal dated 14.09.2010 for non-promotion from MMG Scale-III to SMG Scale-IV in respect of Selection held in the year 2010 has been re-considered in the light of observations of Hon'ble Supreme Court of India vide Interim Order dated 06.11.2019.

It has been decided to grant you promotion to SMG Scale-IV with effect from 01.09.2010 in view of the peculiar facts and circumstances of the present case.

This carries approval of the competent authority."

Thus the appellant has been granted promotion to SMG Scale-IV with effect from 01.09.2010.

Mr. Rajnish Prasad, learned counsel for the appellant however, submits that;

(a)        the order is completely silent as to the monetary effect of the promotion from 01.09.2010. According to the learned counsel, the appropriate pay fixation has to be done keeping in view the promotion of the appellant on and with effect from 01.09.2010 and the benefit in terms of arrears towards differential amount also needs to be made over to the appellant.

(b) It is also submitted that keeping in mind the fact that the appellant stood promoted to Scale-IV with effect from 01.09.2010, his entitlement to further promotions to Scale-V must also be considered by the respondent-Bank. It is submitted that all the batch-mates of the appellant were promoted to Scale-V and some of them to Scale-VI. Reliance is also placed on paragraph 7 of order dated 21.01.2014 passed by the High Court in Civil Writ Jurisdiction Case No.15117 of 2012.

In our view, the logical consequence or squitor of the promotion with effect from 01.09.2019 must get translated in all monetary benefits in favour of the appellant treating as if he was for all practical purposes promoted on and with effect from 01.09.2010. The monetary benefits shall be made over to the appellant within six weeks from today. We, therefore, accept the first submission and direct the respondent-Bank to extend all the monetary benefits flowing as a result thereof.

As regards, the second submission, paragraph 7 of the order passed by the Single Judge itself clarified the situation. It was observed that if the petitioner's appeal was finally decided in his favour, the authority would consider his claim for subsequent promotion which he may be found entitled to.

Since, we are dealing with the matter in contempt jurisdiction, all we can observe at this juncture is, the respondent-bank shall consider the claim of the appellant in keeping with the directions in said paragraph 7 of the order within eight weeks from today.

Nothing further need be done in the present matter. The Civil Appeal is disposed of. No costs.