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The Nation
 
No back wages for promotion with retrospective effect: HC
12.31.2008 (GMT+5.5)

New Delhi: An employee who has been promoted with retrospective effect is not entitled to back wages, the Delhi High Court has held.

Ruling out back wages for such an employee, Justice S N Aggarwal said there is no scope for drawing a higher salary till he or she starts working at the new post. The court was hearing a matter related to a petition filed by an employee of India Tourism Development Corporation.

The petitioner, Shashi Kiran Suri, had sought a court's direction to the government to grant her arrears for the period during which she was denied promotion and was later given promotion with retrospective effect.

"I hold that she is not entitled to any arrears of salary for the period of her notional promotion preceding the date of her actual promotion," the court said.

The court also referred to Supreme Court's verdict which talked about the doctrine of "no work no pay".

- Agencies

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