VASANT RAO ROMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by grant of special leave is directed against the judgment and order dated 26/11/1986 of the central Adminis- trative tribunal, Jabalpur bench, Jabalpur passed in T. A. A. No. 35 of 1986. The appellant, a driver in the central Railway filed a writ petition in the High court of Madhya Pradesh in 24/03/1981 which was transferred to the central Administrative tribunal, Jabalpur bench under Section 29 of the Administrative tribunals Act. The tribunal by order dated 26/11/1986 allowed the petition filed by the appellant and directed the respondents 1 to 4 therein to fix the appellant's seniority as Shunter 'b' with effect from12/06/1961 and as Driver 'c' with effect from 17/12/1965. The tribunal further directed that the appellant's increments shall be granted and counted with reference to these dates of seniority in the higher grade, but he shall not get any arrears of emoluments.

(2.) The appellant has come in appeal to this court claiming that he was entitled to the arrears of emoluments also and there was no ground or justification to deny the same when he has been held entitled for seniority as Shunter 'b' and Driver 'c' with effect from the dates as mentioned above.

(3.) We have heard learned counsel for the parties and have also perused the order of the tribunal. The tribunal has denied the entitlement of emoluments and other benefits to the appellant on the basis of a memorandum of the government of India, Ministry of Home Affairs in GI. MHA. OM No. E. 7/28/63-Ests (A) issued on 22/12/1964, A perusal of the aforesaid memorandum as detailed in para 14 of the order of the tribunal shows that it applied to the case of an officer who remained suspended and could not be promoted due to his suspension or in case of officers who could not get promotion due to departmental proceeding. The tribunal placing reliance on the aforesaid memorandum has taken the view that on the analogy of the instructions mentioned in the aforesaid memorandum and on the principle of 'no-work no-pay' on a particular post, the appellant was not entitled to any arrears of pay.