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october 2007

Supreme Court of India · 2007-10-24

Union Of India (Uoi) vs B.M. Jha

Citation / case number
2008(3)JKJ52[SC]
Court
Supreme Court of India
Petitioner
Union Of India (Uoi)
Respondent
B.M. Jha
Bench
A.K. Mathur, Markandey Katju

Judgment text excerpt

The Supreme Court held that in cases of retrospective promotion, the principle of 'no work no pay' applies, and thus an employee is not entitled to arrears of salary for a promotional post unless they have actually worked in that position. The Court distinguished the case at hand from previous rulings, specifically referencing State of Haryana v. D.P. Gupta and A.K. Soumini v. State Bank of Travancore, and concluded that the High Court's order granting arrears was not justified. Consequently, the appeal was allowed, and the orders of the High Court and the Central Administrative Tribunal were set aside.

Union Of India (Uoi) vs B.M. Jha · Niyam