ANAND MOHAN SAXENA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS writ appeal is preferred by the appellant, assailing an order dated 12/3/2008, passed by the learned Single Judge of this Court in W.RNo. 3694/05(s), whereby the Writ Court has dismissed the Writ petition filed by the Writ petitioner for back wages on the principle of "No work, No pay".

(2.) BRIEF facts of the case are that petitioner Anand Mohan Saxena (appellant herein) was initially appointed on the post of Lower Division Clerk on 28/4/1973 and was promoted to the post of Accounts Assistant by order dated 23/12/2002 w.e.f. 6/9/1999. But he was denied all the monetary benefits on the principle of "No work, No pay". The petitioner approached this Court stating that his juniors were promoted to the post of Accounts Assistant on 6/9/1999; and without any reason he was denied the promotion upto 23/12/2002, hence, he should be allowed the back wages. The learned writ Court dismissed the petition. Hence, this appeal.

(3.) IN reply to his argument, Shri Vivek Khedkar, learned Govt. Advocate appearing on behalf of respondents-State relied on a judgment of the Apex Court in the case of State of Haryana and others v. O.P.Gupta, etc., AIR 1996 SC 2936 which is a judgement delivered by two-Judge Bench of the Apex Court in which the Apex Court has distinguished the case of K. V.Jankiraman (Supra) on the ground that in the case of O.P.Gupta (Supra) the seniority list itself was not finalized due to which the employees could not be promoted. In such circumstances, the Apex Court has held that in absence of seniority list there was no certainty about the promotion of the employees and, therefore, for this reason, the back wages were denied.