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Chhattisgarh High Court · body

2001 DIGILAW 14 (CHH)

R. PANDEY v. STATE OF M. P.

2001-01-23

A.K.SRIVASTAVA

body2001
ORDER The following order of the Bench was passed by Hon'ble Administrative Member Shri A.K. Srivastava: 1. The applicant was promoted on adhoc basis Principal, Degree College vide order dated 22-10-1985. He took over charge as adhoc Principal on 5-11-1985. On 17-11-1995 the State Govt. issued an order (Annexure A5) promoting him as Principal Degree College w.e.f. 5-2-1988. He retired in January, 1996. 2. This petition was filed because some persons junior to the applicant had been promoted as Principal. Post Gradute College by order dated 24-595 (Annexure A-3) but the applicant was not promoted. 3. Respondents have stated that the applicant's regular promotion as Principal, Degree College was delayed because of a pending D.E. Therefore, his case for promotion as Principal Post Graduate College could not be considered before the issue of the order at annexureA-3. Now by order dated 9-12-99 he has been given notional promotion as Principal Post Graduate College w.e.f. 24-5-95. 4. The order dated 9-12-99 means that the applicants pensionery benefits have to be revised on the basis of his notional pay. If this has not been done, it should be done and the arrears of pension, gratuity, leave encashment and commuted value of pension should be paid within three months of the receipt of this order by respondents. 5. The applicant claims that• he should be paid arrears of salary as Principal Post Graduate College from 24-5-95 upto his retirement in January 1996. On the other hand, the respondents have opposed this on the basis of no work no pay. The applicant's argument has to be accepted in view of the law laid down in Union of India Vs. K. V. Jankiraman (AIR 1991 S.C. 2010), in which it has been held that an employee whose case for promotion was kept under sealed coverer and if was exonerated without any punishment could not be deprived of any benefits including salary of promotional post. Principle of ' No Work No Pay' is not applicable in such cases. The applicant should be paid arrears of salary within three months of the receipt of this order by respondents. If the payment is not made within the stipulated time limit then the interest will be payable at the rate of 12% per annum from the date of this order. Govt. will be free to recover the additional financial liability on account of the interest from the Govt. If the payment is not made within the stipulated time limit then the interest will be payable at the rate of 12% per annum from the date of this order. Govt. will be free to recover the additional financial liability on account of the interest from the Govt. official who may be responsible for the delay in payment. It is clarified that the payment of interest will not be a defence if any contempt case is brought for non-payment within the prescribed time limit. 6. Respondent shall pay Rs. 500/- as costs to the applicant. Petition Allowed.