LAXMANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner before this Court has filed this present petition being aggrieved by order dated 11-7-2006 as well as order dated 31-10-2009 passed by respondents, by which the petitioner has not been granted arrears of salary, on account of his retrospective promotion with effect from 1991.

(2.) Contention of the petitioner is that he was appointed as Constable and was placed in the fit list of promotion to the post of Head Constable in the year 1990 and order was issued on J-6-I991 promoting the petitioner to the post of Head Constable. Promotion order was cancelled on 6-6-1991, without granting any opportunity of hearing to the petitioner and the petitioner being aggrieved by his reversion to the post of Constable came up before this Court by filing a writ petition and the same was registered as W.P. No. 3877/2003. The aforesaid writ petition was allowed by order dated 16-12-2004. The impugned order therein of reversion was quashed and the respondent No. 3 was directed to pass a fresh order after granting an opportunity of hearing to the petitioner. Following order was passed by this Court:-

(3.) Respondents in compliance of the aforesaid order issued a show-cause notice on 23-3-2005 to the petitioner and the petitioner did submit a reply to the show-cause notice and thereafter an order was passed on 27-5-2005. By the aforesaid order, the petitioner was again included in the fit list of 1990, however, was granted . promotion from the date of joining on the post of Head Constable. The petitioner, thereafter, again represented in the matter and another order was issued on 11-7-2006 granting a promotion to the petitioner notionally to the post of Head Constable with effect from 6-6-1991 and back wages were not granted to the , petitioner by applying the principles of 'No work no pay'. Petitioner again came up before this Court by filing Writ Petition and same was registered W.P. No. 5587/2007. The aforesaid writ petition was withdrawn with a liberty to prefer an appeal before the Competent Authority. The Appellate Authority has now finally passed an order dated 31-10-2009 and the petitioner has been granted notional seniority from 1991, however, has not been granted backwages.