The court dismissed a writ petition seeking arrears of pay for a period of notional promotion. Applying the principle of no work no pay, the court held that since the petitioner did not actually work in the promotional post, he cannot be entitled to the pay for the period prior to joining it.
Gratuitous surrender; no costs to any party.
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DWIJENDRA SINGH ..... Petitioner Through: Ms Jasvinder Kaur, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents Through: Mr Dev P. Bhardwaj, CGSC for UOI with Mr Jatain Teotia, Advocates.
CORAM:
JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA
O R D E R
% 11.04.2019
1.The only prayer in the present petition is for granting the Petitioner the arrears of pay even for the period of Petitioner’s ‘notional promotion’ pursuant to an order dated 24th September, 2015 passed by the DIG (Personnel) of the CRPF.
2.Having heard the learned counsel for the parties, this Court is not persuaded to accept the plea of the Petitioner in view of the principle of ‘no work no pay’. In another words, since the Petitioner has only been notionally promoted from an earlier date, but has not actually worked in the promotional post, it is not possible for this Court to direct the Respondents to pay him the arrears of pay for the period prior to his joining the promotional post.
S.MURALIDHAR, J
I.S.MEHTA, J
APRIL 11, 2019
rd
1 issue framed by the court
Whether a petitioner can be granted arrears of pay for a period of notional promotion during which he did not actually perform duties in the promotional post.
Dwijendra Singh
Union of India
S. Muralidhar
I. S. Mehta
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
