R B GUHE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant being aggrieved by the order dated 10-7-2008 passed by learned Single Judge of this Court in Writ Petition No. 23519/2003 has filed this writ appeal submitting inter alia that the learned Single Judge was unjustified in observing that the appellant would not be entitled to the back wages on application of the principle of 'no Work No Pay'.

(2.) THE short facts, necessary for disposal of the present writ application, are that the appellant who was working as Senior Cooperative inspector made a representation in the year 1966 and thereafter reminded the government that he was entitled to certain benefits. However, nothing was done in his favour, therefore, he filed Original Application No. 1066/1996 before the State Administrative Tribunal. After abolition of the State administrative Tribunal the matter came to this Court and was registered as writ Petition No. 23519/2003.

(3.) AFTER hearing learned Counsel for the parties, the learned Single judge relying upon Fundamental Rule 31-A and the Government Order no. FA-1-1-73-R-1-IV, dated 25-4-1974 that if a person was assigned wrong seniority and was later on assigned correct seniority, on promotion would not be entitled to the financial benefits on the principle of 'no Work No Pay', dismissed the writ petition.