MUKESH CHANDRA SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant against the order dated 24.11.2009 passed by the learned Single Judge in Writ Petition No. 5239/2009 (S). The appellant was initially appointed as Homeopathic Compounder on 12.2.1986. Another employee Mr. Ram Kumar Sharma was also appointed as Compounder on 31.5.1986. He was regularised giving him benefit of regular appointment from the date of initial appointment and he was granted promotion w.e.f. 5.1.1999. When the appellant was not given the benefit, he filed a writ petition before this Court. It was registered as Writ Petition No. 877/2005. The writ Court vide order dated 8.12.2006 allowed the petition of the appellant and issued following directions:

(2.) In pursuance to the directions issued by the writ Court, the department promoted the appellant on the post of Assistant Homeopathic Medical Officer w.e.f. 5.7.1999 in the pay-scale of 5000-150-8000. The promotion of the appellant was proforma and it is mentioned in the order that he would not be entitled arrears of salary from 5.7.1999 up to the date of assuming charge on the principle of 'no work no pay'. The appellant again filed a petition for a relief that because he was denied the promotion arbitrarily, hence, he is entitled the arrears of salary also and the decision of the department in applying the principle of 'no work no pay' in regard to arrears of 'salary is arbitrary and illegal.

(3.) Learned Single Judge dismissed the writ petition on the ground that earlier the appellant filed a petition before this Court and this Court only ordered consideration of case of the appellant for promotion, but there is no mention of the fact about the arrears of salary, hence, the question has attained finality.