Withdrawal of notional promotion benefits without notice violates principles of natural justice and is unsustainable.

The applicant, serving as a Superintendent in the CGST Zone, Delhi, challenged Establishment Order No. 72/2025 dated 10.08.2025 (and its subsequent corrigendum)

The impugned order withdrew the notional promotion previously granted to the applicant for the vacancy years starting 01.01.2020 and 01.01.2021, altering the effective date of promotion to 12.01.2024

Procedurally, the matter was linked to OA No. 3615/2025, where a judgment had already been pronounced on 17.02.2026

Despite multiple opportunities and emails from their counsel, the respondents failed to file a reply or provide instructions

1. Whether the Establishment Order No. 72/2025, which unilaterally withdrew the applicant's notional promotion and altered the effective date, is legally sustainable

2. Whether the impugned order violates the principles of natural justice and the judicial protections granted in WP(C) No. 1668/2024

The Tribunal applied the principles of natural justice, which prohibit the withdrawal of vested service benefits without due process

It relied on the judicial protections and directions established by the Delhi High Court in WP(C) No. 1668/2024

Furthermore, the court applied the service jurisprudence principle of "no work no pay," which generally restricts the payment of financial arrears for periods of notional promotion unless specific rules dictate otherwise

The Tribunal noted that the issues involved in the present application were identical to those already adjudicated in OA No. 3615/2025

Because the respondents failed to file a reply or offer a defense, the Tribunal adopted the reasoning from the previous judgment, finding the withdrawal of notional promotions from 2020 and 2021 to be unsustainable in law

The court reasoned that shifting the promotion date to 12.01.2024 was not only a violation of natural justice but also directly contravened the protection granted by the High Court in WP(C) No. 1668/2024

Consequently, the Tribunal determined that the applicant was entitled to the restoration of his original promotion dates for the purposes of seniority and consequential benefits

The Tribunal held that Establishment Order No. 72/2025 is unsustainable and directed the respondents to restore the promotion order dated 12.01.2024 with notional benefits from the respective vacancy years (2020 and 2021) for seniority and consequential service benefits

However, the court clarified that financial arrears would be governed by the "no work no pay" principle

The respondents are directed to implement these orders within three months from the date of receipt of the certified copy