- (1.) Leave granted.
(2.) The State of Manipur is in appeal before us, aggrieved by a judgment and order dated 29.1.2003 passed by the Gauhati High court in Writ Appeal No. 84 of 2000, insofar as the respondent herein had been granted monetary benefits applicable to the post of Additional Chief Engineer on the basis of order to relaxation passed in his favour by an order dated 6.7.1999. In the said order the following directions were issued : "Firstly, because the facts of the present case do not reveal any conscious deprivation of the appellant's right by the state authorities and secondly, on the principle of 'no work no pay' which principle in our considered view, must be made applicable to service of Jurisprudence in appropriate cases. On the contrary, we are inclined to hold that the ends of justice would be met if the state respondents are directed to notionally fix the pay of the writ appellant in the scale of Addl. Chief Engineer w. e. f. such date/dates when the principal respondents in the appeal were promoted to the said post and on that basis to compute the pensionary benefits due to the appellant. "
(3.) It is not in dispute that an order of relaxation was granted in favour of the respondent herein on or about 6.7.1999 which is in the following terms : "No.9/3/83-ifc (Pt. 11) : After careful examination of the service matter in respect of Shri R. K. Manikanta Singh, Superintending engineer, IFC Department, manipur, the Governor of Manipur is pleased to relax the provision under Column-II of the M. P. S. C. Form-8 of the recruitment Rule of the Additional Chief engineer, 1993 enquiring the Superintending Engineer with 5 years regular service in respect of Shri R. K. Manikanata Singh, Superintending Engineer for his eligibility for promotion to the post of Additional Chief Engineer in the public interest. 2. This is issued under the power to relax clause of Rule 5 of the Additional chief Engineer, recruitment Rules, 1993. ";