AFR

Hon'ble Shri Narendra Kumar Vyas, J.

CAV ORDER

1. The petitioner initially filed present petition with prayer to direct the respondents to promote him with effect from the date of recommendation of review DPC placing him above respondents No. 4 and 5 with arrears of salary, seniority for further promotion and Revision of Pension.

2. During pendency of the petition, the respondents No. 1 & 2 have promoted the petitioner vide order dated 29.11.2019 on the post of the Deputy Commissioner in the Scheduled Tribe and Scheduled Caste Development Department w.e.f. 13.07.2011 notionally by applying the principle of ‘No Work, No Pay’. Accordingly, his seniority, pay, pension and gratuity were revised. As such, this case is now confined to the issue whether principle of ‘No Work, No Pay’ is applicable to the present facts of the case or not?

3. Keeping this issue in mind, the brief facts are being considered which are as under :-

A) The petitioner was working as an Assistant Commissioner in the Scheduled Tribe and Scheduled Caste Development Department and attained the age of superannuation on 31.12.2016. As per the gradation list of Assistant Commissioners issued on 01.04.2008, the petit