The principle of 'no work, no pay' applies to cases of notional promotion where individuals had not worked in the promotional post during the period.

ORDER :

Doraiswamy Raju, J.

The above appeals have been filed against the judgment and order dated 27-2-1996 and 9-5-1994 of the High Court of Punjab and Haryana at Chandigarh in CWPs Nos. 14361 of 1993 and 3784 of 1994 respectively whereunder the Division Bench while quashing Condition 8 incorporated in the order dated 30-11-1992 giving notional retrospective promotion to a number of persons simultaneously on the basis of certain court orders declaring the procedure and principle relating to the method of promotion in respect of those who were already in service, but subsequently acquired AMIE qualification, further held them to be entitled to the monetary benefits also on the basis of such notional promotions. Though the sole respondent in each of the above appeals has been duly served with the notice, the respondent in Civil Appeal No. 5094 of 1997 above chose to enter appearance through counsel and in the other appeal the sole respondent has chosen not to contest the appeal either in person or by engaging any counsel.

2. Heard the learned counsel for the appellants. He brought to our notice a decision of this Court in State of Haryana v. O.P. Gupta, (1996) 7 SCC 533 : (1996) 33 ATC 324, whereunder in respect of an identical matter arising out of similar proceedings of even date this Court while setting aside the decision of the High Court allowed the appeal at the instance of the State and held that in the circumstances noticed in that case which are identical as well in the cases before us, the question of payment of arrears of salary with retrospective effect from the notional dates does not arise since, indisputably the respondents had never worked during that period in the promotional post, the settled principle in such cases being, "no work, no pay". The said principle applies with equal force to the cases before us too. Applying the ratio of the said decision these appeals are also allowed and the orders of the High Court are set aside and the writ petitions before the High Court shall stand dismissed.

No costs.

Appeals allowed.