KOMAL DEVI SHROTRIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner had initially prayed for promotion on the post of Upper Division Teacher ( UDT) from the post of Headmistress . It was prayed that petitioner be promoted w.e.f. 12.05.2003 with salary and other benefits. During the pendency of the petition, respondents have passed an order dated 22.09.2008 (Annexure R/1) thereby promoting the petitioner from 12.05.2003 as UDT. However, it is directed that petitioner will not get arrears of salary on the basis of principle of " No Work No Pay". In view of this order dated 22.09.2008, the only question remains to be decided is whether petitioner is entitled to get arrears of pay for the promotional post w.e.f. 12.05.2003.

(2.) In the opinion of this Court, this question is no more res integra. This is settled in law that if an employee was willing to work on promotional post and is deprived by the employer for the reasons solely attributable to the employer, the principle of " No Work No Pay" cannot be applied. The Supreme Court in (Union of India and others Vs. K.V. Jankiraman and others, 1991 AIR(SC) 2010) opined that when employee was willing to be promoted and is deprived by the employer for no fault of her, the principle of " No Work No Pay" cannot be made applicable. The same view is taken by this Court in (R.B. Guhe Vs. The State of M.P., 2008 5 MPHT 291) & (Mukesh Chandra Sharma Vs. State of M.P., 2013 3 JabLJ 342)

(3.) A bare perusal of order dated 22.09.2008 makes it clear that petitioner was eligible to be considered for promotion. She possessed requisite educational qualification. The respondents failed to see that she is eligible and possessed the said qualification. When notices of present matters are received by the respondents, they examined the record and found that petitioner was very much eligible for consideration for promotion.