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Himachal Pradesh High Court · body

2015 DIGILAW 737 (HP)

Balbir Singh v. State of Himachal Pradesh

2015-06-20

RAJIV SHARMA, SURESHWAR THAKUR

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JUDGMENT : Rajiv Sharma, J. In sequel to the judgment dated 28.11.2011 rendered in CWP No. 9837/2011, supernumerary post of District Public Relation Officer/Information Officer was created. Case of the petitioner was duly considered by the Departmental Promotion Committee. His name was recommended for promotion to the post of District Public Relation Officer/Information Officer in the pay scale of 1 Whether reporters of the local papers may be allowed to see the judgment? Yes Rs. 7220-11660 (pre-revised) and Rs. 10300-34800 + 5000 grade pay (revised) with effect from 26.7.2000 to 31.5.2007 on notional basis. Copy of the office order dated 16.7.2012 promoting the petitioner to the post of District Public Relation Officer/Information Officer is Annexure P-12. 2. Case of the petitioner, in a nutshell, is that he has not been paid the actual salary with effect from 26.7.2000 to 31.5.2007 though he was always ready and willing to work on the higher post. Case of the respondent-State is that since the petitioner has not worked on the higher post, he will not be entitled to the salary of the post under FR 17. 3. This question is no more res integra in view of the law laid down by their Lordships of the Hon’ble Supreme Court in Union of India and others vs. K.V. Jankiraman and others, (1991) 4 SCC 109 . Their Lordships have held as under: “25. We are not much impressed by the contentions advanced on behalf of the authorities. The normal rule of "no work no pay" is not applicable to cases such as the present one where the employee although he is willing to work is kept away from work by the authorities for no fault of his. This is not a case where the employee remains away from work for his own reasons, although the work is offered to him. It is for this reason that F.R. 17(1) will also be inapplicable to such cases.” 4. In the instant case also, petitioner has been kept away from discharging the duties of the higher post. He was always ready and willing to work on the higher post. He has approached the courts of law repeatedly for the redressal of his grievance. 5. Accordingly, the writ petition is allowed. In the instant case also, petitioner has been kept away from discharging the duties of the higher post. He was always ready and willing to work on the higher post. He has approached the courts of law repeatedly for the redressal of his grievance. 5. Accordingly, the writ petition is allowed. Annexure P-12 dated 16.7.2012 is modified to the extent by applying the principles of severability that the petitioner shall be paid the salary of District Public Relation Officer/Information Officer from 26.7.2000 till the date of his superannuation, i.e. 31.5.2007. The pension of the petitioner would be worked out on the basis of actual salary paid to the petitioner of the higher post with effect from to 31.5.2007. Pending application(s), if any, also stands disposed of. No costs.