HANUMANT SINGH BHADAURIA Vs. STATE OF M P

JUDGEMENT

(1.) The short question for determination before this Court is whether the action of the State in treating the period from 04.11.1995 to 04.11.1999 as 'No Work No Pay' is justified or not. The brief facts necessary for adjudication of this matter are as under. The petitioner was promoted by order dated 04.11.1999 pursuant to recommendations of duly constituted Departmental Promotion Committee (DPC) on the post of Principal Higher Secondary School in the pay scale of Rs. 2375-4125. However while promoting the petitioner from the date of his entitlement i.e., 04.11.1995, the intervening period are treated as 'No Work No- Pay'. Learned counsel for the petitioner submits that during this period even otherwise petitioner has worked as in-charge Principal and performed the duty of Principal. Accordingly, the said principle is not applicable in the present case. Shri Singh further submits that petitioner was allowed to work as incharge Principal vide order dated 31.07.1994 and on account of lapse on the part of respondent the petitioner has been belatedly accorded the promotion vide order dated 04.01.1999. Thus the principle of 'No Work No Pay' cannot be pressed into services. He placed reliance on the decision of Supreme Court reported in , Union of India vs. K.V. Jankiraman, 1991 AIR(SC) 2010.

(2.) Per Contra, Shri Newaskar submits that since petitioner has not worked for the aforesaid period, principle of 'No Work No Pay' is rightly applied. He supported the order dated 04.11.1999 to the extent the said period is treated for the purpose of notional promotion and proforma fixation.

(3.) I have heard learned counsel for the parties and perused the record.