ORDER

Let the Assistant Engineer / Executive Engineer from the Office of Public Health Engineering Department remain present before this Court at

02.30 pm today alongwith service record of the petitioner to examine the reasons for delay in issuing the PPO after more than 10 years of retirement.

02. Put up the matter at 02.30 pm today. (VIVEK RUSIA) JUDGE Later on:

03. Shri S.K. Malviya, Sub-Engineer, Public Health Engineering Department is present in person before this Court.

04. The main grievance of the petitioner is that he approached the Tribunal seeking promotion from the post of Assistant Engineer to Executive Engineer and proper placement in the seniority. Vide order dated 26.04.1985, O.A. No.395 of 1983 was allowed by directing State Government to consider the claim for promotion to the post of Executive Engineer w.e.f. June 1979 and with all the benefits of seniority and pay etc. and be placed at serial No.76 in the gradation list. In compliance of the aforesaid order, the Government issued an order dated 08.01.1991 by promoting him to the post of Executive Engineer w.e.f. 02.06.1979 and placed him in the seniority list above Shri S.K. Saxena. However, he has been denied the arrears of pay on a principle of “No Work No Pay”.

05. Thereafter, the petitioner was promoted to the post of Superintending Engineer (Civil) on 19.12.1994, he became due for promotion to the post of Superintending Engineer. The claim for promotion to the post of Chief Engineer was denied to him in Writ Petition No.1433 of 2003 dismissed on 16.11.2005. Later on vide order dated 29.12.2010, the petitioner was promoted to the post of Chief Engineer (Civil) on notional basis w.e.f. 17.09.2007 and he was denied the wages from 17.09.2007 to 29.10.2010 on the principle of “No Work No Pay”. The aforesaid order was passed after retirement of the petitioner on 31.10.2010 hence, the petitioner has filed the present petitioner claiming following reliefs:

A. The Respondents be directed to modify the order dated 29.12.10 (P/7) by giving the promotion to the petitioner from the post of Superintending Engineer (Civil) to the post of Chief Engineer (Civil) not from 17.9.07 but with retrospective effect from July, 2005 and to the post of Chief Engineer w.e.f. September 2008 along with all consequential benefits and monetary benefits and the arrears and difference of pay be directed to be paid to the petitioner within a specified time.

B. The order dated 8.1.91 (P/4) as well as the order dated 29.12.10 (P/7) be modified by removing the condition of "No work no pay" by holding that it is against the judgment and order dated 26.4.85 (P/2) passed in M.P. No.395/1983 and consequently the Respondent be directed to pay arrears and fi difference to pay for the promotional post of Executive Engineer and, thereafter Superintending Engineer for the period for which the retrospective effect was given in favour of the petitioner to the promotional post.

C. The arrears and difference of pay be directed to be paid by the Respondents within a specified time alongwith an interest calculated 12% per annum.

D. To award the cost of present peti- tion from the respondents to the petitioner, E. To grant any other relief, which in the facts and circumstances of the case this Hon'ble Court may deem fit to grant in favour of the petitioner and against the respondents.

06. After notice, the respondents filed the reply by submitting that so far as the relief No.1 is concerned, for which the cause of action accrued in the year 1991 but the petitioner accepted the order and did not submit any representation claiming the said arrears, therefore, the said claim has become time barred and so far as the promotion to the post of Chief Engineer is concerned, the review DPC was convened on 24.07.2007 and there was a delay in promotion because Departmental Enquiry was pending before the Commissioner. It is further submitted that the DPC was convened to the post of Chief E