In Brief
The Employees State Insurance Corporation transferred an employee (Soumitra Sengupta) from Maharashtra to Orissa as a Lower Division Clerk (LDC), although he held the higher post of Upper Division Clerk (UDC) at the time. The High Court found this unlawful. The Supreme Court upheld the High Court's decision but modified the relief. Since another employee had already been promoted to fill the UDC vacancy, Sengupta was granted notional benefits (seniority restoration and pay refixation) from the date of transfer until actual promotion in 2011, with monetary benefits accruing only from the date of actual promotion. The appeal was dismissed with directions to implement consequential orders within three months.
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