STATE OF M P Vs. SHANKAR LAL SAHU

JUDGEMENT

(1.) STATE is aggrieved by the decision of State Administrative Tribunal passed in O. A. No. 622/98 on 13-1-2000.

(2.) THE respondent No. 1 was involved in a criminal case under Sections 420, 467, 468, 471, IPC read with Section 3/7 of the Essential Commodities Act and Sections 5 (1) (d) and 5 (2) of the Prevention of Corruption Act. The proceedings were quashed in Criminal Revision by this Court and the respondent No. 1 was exonerated. The respondent No. 1 was under the suspension. He was reinstated vide order dated 26-6-89. In the meantime during the period of suspension and reinstatement DPC was convened. As the case was pending against the respondent No. 1, the recommendations were kept in the sealed cover and his junior namely Shri K. P. Dwivedi came to be promoted from the post of Food Inspector to the post of Assistant Food Officer w. e. f. 5-4-84. State of M. P. did not open the sealed cover for about 4 years and after it was opened the respondent No. 1 was promoted as Assistant Food Officer as per the recommendations contained in sealed cover vide order dated 10-2-93. It appears that the respondent No. 1 made several repre- sentations to give him promotion retrospectively from the dale on which his junior Shri K. P. Dwivedi was promoted and also to decide about the period of suspension. The promotion of the respondent No. 1 was ordered retrospectively w. e. f. 5-4-84, hut, State refused to pay the arrears on the basis of principle of "no work no pay".

(3.) IT also transpires that the State of M. P. did not consider the case of respondent No. 1 for further promotion to the post of Food Officer whereas his junior Shri K. P. Dwivedi was promoted w. e. f. 29-10-92. Therefore, the respondent No. 1 filed application before the Tribunal for grant of relief of arrears of pay w. e. f. 5-4-84 the date of promotion of his junior Shri K. P. Dwivedi to 10-2-93 and also prayed for consideration for further promotion as Food Officer w. e. f. 29-10-92.