Payment from date of joining post on promotion: SC

New Delhi, Oct 5 (UNI) The Supreme Court has ruled that a government employee is entitled for revision of pay on promotion only from the date of taking actual charge and not from the date of the order of promotion.

Allowing the appeal of the Union government and Railway ministry the bench comprising Mr Justice Arijit Pasayat and Mr. Justice Lokeshwar Singh Panta ruled,"No arrears on this account shall be payable as he did not actually shoulder the duties and responsibilities of the higher post." Respondent Tarsem Lal had claimed pay and allowance from September 9,1997, when he was given promotion on proforma basis while the government had allowed revised pay and allowances from August 2001 when he was actually promoted to the rank of MCM and took charge of his new post.

Tarsem Lal filed an application before the Central Administrative Tribunal (CAT) to pay arrears from 1997 and Punjab and Haryana high court also upheld the order of CAT.

The stand of the government was that since he had not worked on the promotion post during the said period he was not entitled to the revised pay from that date i.e. 1997.

The government had taken the stand as per paragraph 228 of Indian Railway Establishment Manual (IREM) which says revised pay and scale should be given from the date of actual promotion and no arrears can be paid from the date of proforma promotion.

The apex court upholding the ruling of this court in Union of India and others vs PO Abraham and others ruled, "In view of what has been stated in Virendra's case (supra) and PO Abraham's case (supra), Tribunal and the High Court were not justified in granting relief to the respondent. Reliance on Harbans Singh's case (supra) was uncalled for. The orders are set aside. The appeal is allowed but in the circumstances without any orders as to costs." UNI AKS SC PR DB1329