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2009 Supreme(MP) 859

SUBHASH SAMVATSAR, A.P.SHRIVASTAVA
Anand Mohan Saxena – Appellant
Versus
State of M. P. – Respondent


Advocates:
O.P. Saxena for appellant; Vivek Khedkar, Govt. Advocate for State.

JUDGMENT

Samvatsar, J. --1. This writ appeal is preferred by the appellant, assailing an order dated 12/312008, passed by the learned Single Judge of this Court in W.P. No. 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 23/1212002 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 23/1212002, hence, he should be allowed the back wages. The learned writ· Court dismissed the petition. Hence, this appeal.

3. The contention of the learned counsel for the appellant is that the appellant has actually worked in the Department but could not be given promotion without any fault on his part, hence, he should be allowed the backwages. In suppor













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