KAMALA KANTA HAZARIKA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned Counsel for the petitioner. Also heard Mr. R.H. Nabam, leaned Senior Govt. Advocate, Arunachal Pradesh, for the State respondent.

(2.) The short and only question involved is, whether the principle "no work, no pay" is applicable to the present case.

(3.) Mr. Tiwari, learned Counsel for the petitioner, submits that since the petitioner has been given promotion with effect from the date of holding the D.P.C. meeting on 24.5.2005 to the post of Executive Engineer and also given the benefit of notional pay fixation, as per recommendation of review D.P.C. held on 24.5.2008, there is no justification in denying the financial benefits with arrears from 245.2005 i.e. the date on which the D.P.C. was held depriving the instant writ petitioner. According to the learned Counsel, the respondent authorities have taken contradictory stand by allowing the petitioner promotion with retrospective effect and giving benefit of notional pay fixation from the date when he assumed the charge of Executive Engineer without arrears. It was, according to Mr. Tiwari, learned Counsel, the fault of the respondent authorities in denying promotion when the petitioner became eligible and due in the month of May, 2004 and not being recommended for promotion by the D.P.C. held on 24.5.2005, wrongly and illegally, on the basis of Cabinet decision dated 6.11.2000 which was not given effect by amending the Recruitment Rules of 1998. Had the petitioner's case been recommended by the D.P.C. on 24.5.2005, he would have been promoted to the post of Executive Engineer in the year 2005 itself and he would have got the chance to assume the charge of Executive Engineer and therefore, the writ petitioner cannot be denied financial benefits/arrears w.e.f. 24.5.2005. In support of his submissions, Mr. Tiwari, learned Counsel, has cited the following authorities: