NYAZ MOHAMMED Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition was initially filed before the State Administrative Tribunal, after abolition of the SAT this application has been transferred to this Court and renumbered.

(2.) THE petitioner has filed this petition with regard to his promotion on the post of Assistant Sub-Inspector of Police. During the pendency of the petition vide order 2.1.2001 the petitioner has been promoted on the aforesaid post giving him seniority for the aforesaid post with effect from 24.10.1995. However, he has not been paid the salary for the post of ASI of Police on the principle of no work no pay with effect from 24.10.1995. Therefore, the petitioner amended the petition seeking the relief with regard to grant of salary for the post of ASI of Police with effect from 24.10.1995. The Tribunal allowed the aforesaid application for amendment and consequently the petitioner has amended the petition and the learned counsel for the petitioner has pressed the aforesaid relief during the course of argument on the ground that the petitioner is entitled for the salary of the post of ASI because there was no reason to deny promotion to the petitioner, hence the principle of no work no pay is not applicable.

(3.) TO resolve the aforesaid controversy some relevant necessary facts are as under. The petitioner was appointed as a police constable. He was promoted on the post of Head Constable on 30.4.1988. In December, 1993 he appeared in the Departmental Examination for the purpose of promotion on the post of Assistant Sub-Inspector and he passed the aforesaid examination. The result of the examination was declared on 17.11.1995, name of the petitioner was at Serial No. 36. He also completed pre- promotion course at P.T.S. Tigra and copy of the letter dated 31.8.1995 to this effect has been filed as Annexure P/2. However, in the year of 1995-96 the juniors of the petitioner have been promoted and the petitioner was not promoted.