P MARIAPPAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) CHALLENGE in this writ petition is to ruling 17 under FR 27 and order passed by the 1st Respondent in letter No. 49868/pol. 1a/2004-4 dated 30/10/2004. The Petitioner seeks direction that Ruling 17 under FR 27 and the impugned order dated 30. 10. 2004, as null and void and seeks further direction to the Respondents to create a supernumerary post in the rank of Superintendent of Police from the period from 22. 07. 2002 to 22. 02. 2004 and to disburse the arrears of pay and pensionary benefits due to the Petitioner on par with his juniors.

(2.) FACTUAL background which lead to filing of the writ petition are as follows:

(3.) CHALLENGING the Rule 17 under FR 27 and the impugned order the learned Senior counsel for the Petitioner, Mr. K. Venkatramani, has contended that once the punishment was set aside Petitioner's claim relates back to the date of his original seniority. The learned counsel further contended that the Government itself has included Petitioner's name in the panel of the year 2001-2002, as Sl. No. 2a and thereby restoring seniority Petitioner is eligible for the salary on the day which he was actually due for promotion. Placing reliance on AIR 1991 SC 2010, Union of India vs. K. V. Jankiraman, the learned counsel submitted that the normal rule "no Work No Pay" is not applicable to such cases. The learned Senior counsel would further submit that merely invoking the Ruling 17 under FR 27 and to deny the salary is illegal and unsustainable.