MANIRAM NAGOTIYA Vs. STATE OF MP

JUDGEMENT

(1.) Challenging the action of the Respondents in granting retrospective promotion to the Petitioner but treating certain intervening period on the principle of "No Work No Wages", Petitioner had filed this writ petition in the year 2003 and even though more than seven years have passed, Respondents have not filed any return. That being so, keeping in view the order passed on 10.2.2010 as return is not filed instipe of opportunity being granted, matter is being heard and decided without granting any further time to the Respondents.

(2.) Petitioner was working as a Lecturer in the Government Higher Secondary School Barheta District-Narsinghpur at the relevant time, when this Petitioner was filed in the year 2003.

(3.) Petitioner was promoted as a Head Master vide order dated 3.2.1999. Promotion was granted to the Petitioner retrospectively with effect from 23.11.1996 but the period from 23.11.1996 to the date of promotion was treated on the basis of "No Work No Wages" and only notional pay fixation was granted to the Petitioner. Inter-alia contending that when Petitioner is denied promotion due to mistake and fault of the department, the principal of "No Work No Wages" cannot be followed. This writ petition has been filed and the only relief claimed is that salary for the entire period from the initial date of promotion i.e. 23.11.1996 be granted to the Petitioner.