- (1.) The petitioner in this petition under Articles 226/227 of the Constitution of India assails the order dated 9.3.2004 (Annexure-P.2) to the extent that condition No. 5 has been imposed whereby the benefit of retrospective promotion w.e.f. 11.1.1985 has been made available for the purpose of pay fixation only by denying him the payment of salary.
(2.) The petitioner joined service as a T-Mate and on 9.9.1991, he was appointed as Oiler and Greaser. Thereafter, he was promoted as Plant Attendant w.e.f. 11.1.1985. On attaining the age of superannuation he retired on 30.9.2000. After retirement, he was given promotion on 12-6.2002 from the date his juniors were promoted i.e. 11.1.1985. The promotion order was modified on 9.3.2004 (Annexure P.2) and condition No. 5 was imposed in terms of which the petitioner was held entitled to the benefit of retrospective promotion from 11.1.1985 for the purpose of pay fixation only and the payment of salary as a consequence of pay fixation was denied. The same, as already noticed, is assailed in this petition.
(3.) Written statement has been filed by respondent Nos. 1 and 2. It is stated that since the petitioner has not worked on the promotion post prior to his promotion, therefore, he is not entitled for the salary of the higher post for the period he had not actually worked on the principle of 'no work no pay'.;