HIRALAL JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner has filed this petition with regard to grant of benefit of salary on account of promotion of the Petitioner on the post of Headmaster in pursuance to the order Annexure P/5 dated 08.07.2003.

(2.) The Respondents in the return stated that the Petitioner who was working as Upper Division Teacher was left out from the zone of consideration for promotion as Headmaster Middle School in the year 1991 and his juniors were promoted as Headmaster on 03.01.1991. The Petitioner was promoted as headmaster on 10.05.1995 and subsequently on the basis of the representations submitted by the Petitioner he was given promotion w.e.f. 03.01.1991 and the principle of "No Work No Pay" has been applied. It has further been contended by the Respondents that the Petitioner did not file petition within time, hence Petitioner is not entitled for salary.

(3.) Undisputed facts of the case are that the Petitioner was not considered for promotion in the year 1991. Although he was within the zone of consideration and his juniors were promoted vide order dated 03.01.1991. Thereafter the Petitioner submitted representation on 01.01.1992,16.04.1998 and 03.10.2002. Thereafter vide order dated 08.07.2003 the Petitioner has been given notional promotion on the post of Principal w.e.f. 03.01.1991. The Petitioner retired from service w.e.f. 31.03.1996. The facts remain that the Respondents themselves vide order dated 08.07.2003 granted notional promotion to the Petitioner on the post of Headmaster w.e.f 03.01.1991 and admitted the fact that the Petitioner was left out from the zone of consideration in the year 1991. No reasons have been assigned by the Respondents in the return for not considering the Petitioner in the year 1991. Only ground which has been taken for denying the benefit of salary to the Petitioner is delay and laches. However from the facts of the case it is clear that the order of " No Work No Pay" has been passed on 08.07.2003 and thereafter the Petitioner filed the present petition.