The petitioner-respondent was not entitled to arrears of pay and allowances with retrospective effect due to the 'no work, no pay' principle, and the relief of arrears from 1989 should have been claimed before the Bombay High Court as per the principles of constructive res judicata.

M.M. Kumar, C.J.—A short question of law raised in the instant appeal preferred by Union of India and its officer is "whether an order of retrospective promotion would bring monetary benefits from the date of retrospective promotion or notional benefits as have been given by the appellants to the petitioner-respondent". The aforesaid question emerges from the facts which are set out below.

2. The petitioner-respondent (Jagdev Singh Langeh) joined armed forces as a Record Clerk on 27.01.1973. He was promoted on the post of Lance Naik in 1979 and became Naik Clerk in the same year. He earned quick promotion in July, 1980 and became Head Clerk.

2.1. The petitioner-respondent then applied for the post of Quarter Master/Record Officer which is an officer rank post. He would have got benefits of conferment of permanent commission after being appointed on the post of Quarter Master/Record Officer. However, his claim was rejected for appointment to the post of Quarter Master/Record Officer despite the fact that at one stage he was called upon to appear before the Medical Board and his name was included for appointment as Quarter Master and for grant of commission.

2.2. The petitioner claims that he reported for duty at Officers? Training Academy, Madras on 18.03.1990. He was, however, orally directed not to attend the training despite the fact that he was attached to the Officers? Training Academy, Madras. Accordingly, he made a statutory complaint. He then filed a writ petition in the High Court of Bombay (Aurangabad Bench). The Division Bench allowed the petition primarily on the ground that the order impugned in the petition passed on the complaint made by the petitioner-respondent was reasoned order. Accordingly, the order was set aside vide judgment dated 04.03.1993 and directions were issued which are discernible from the concluding paras of the judgment and order. The same are set out below in extenso--

"The earlier writ petition was allowed to be withdrawn, as the statutory complaint was pending. Now, statutory complaint is already disposed of. The detailed affidavit is filed alongwith the copies of the entire concerned record. The detailed arguments were advanced before us. In view of this, we do not feel it necessary to direct the petitioner to avail of the alternative remedy, if any available to him, as the documents and facts are urged before us in detail and we have gone through al the relevant record produced before us.

In view of this, we set aside the order passed on statutory complaint (Exh R-6) and direct the Respondent to admit the petitioner to Officers? Training Academy for Orientation Course meant for permanent Commission (Specialist) for Quarter Master in pursuance to his earlier selection.

The earlier training course might have already been over. We are also told that presently, there is no training course available. The petitioner should be given admission to the training course, which may be commenced hereafter, as against 1989 quota."

2.3. As per the directions issued by the Bombay High Court, petitioner-respondent was admitted to the Officers? Training Academy for undergoing the training course. He was granted permanent commission and was given the rank of 2nd Lieutenant. The petitioner then filed another petition relatable to the instant appeal. He made the grievance before the Writ Court that despite the order notified in the official gazette dated 15.07.1995 he has not been granted all the benefits. He claimed all the financial benefits with retrospective effect. He, However, conceded that his seniority has been fixed with retrospective effect but no benefit of payment of arrears and allowance with retrospective effect have been given. He placed reliance on the order dated 30.12.1996 and the same reads as under--

"Order.

The Central government after considering the Statutory complaint dated 15.12.1995 submitted by SI-4130A Lieutenant Jagdev Singh Langeh GS against non fixation of his ante date seniority h