LAWS(MPH)-2010-4-97

CHANDRASHEKHAR VERMA Vs. STATE OF MP

Decided On April 26, 2010
CHANDRASHEKHAR VERMA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Petitioner was initially appointed on the post of Lower

(2.) The O.A. No. 694 of 1990 filed by KC Desai and others came up for consideration before this Court due to abolition of Tribunal. The said O.A. was re-numbered as W. P. No. 3704 of 2003. On 2-7-2004 the said writ petition was dismissed. After dismissal of the writ petition, the respondents again convened the review DPC for consideration of the petitioner's case for further promotion on the post of Superintendent w.e.f. 4-4-1997 the date when others were promoted and the petitioner was left out. On 10-9-2004, the petitioner was promoted from the post of Assistant Superintendent to the post of Superintendent w.e.f. 4-4-1997. However again he was denied the monetary benefits by applying the principle of no work no pay.

(3.) The grievance of the petitioner is that on two occasions he has been superseded and was not promoted, though he was eligible for such promotions. He submits that without there being any fault on his part, the monetary benefits have been denied to him by wrong application of the principle of no work no pay. He submits that the principle of no work no pay could not have been applied in his case in view of the fact that the lapse was on the part of the State Government in not promoting him at the appropriate time. The proper and correct seniority list was required to have been maintained by the Government and they having not made and the monetary benefits as may be calculated be released in favour of the petitioner within a period of three months, with interest at the rate of 6% per annum.