Ashok Kumar Gautam vs The State Of Madhya Pradesh
2023 Latest Caselaw 225 MP

                                                          1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 4 th OF JANUARY, 2023
                                            WRIT PETITION No. 22473 of 2021

                          BETWEEN:-
                          ASHOK KUMAR GAUTAM S/O LATE SHRI LALJI
                          GAUTAM, AGED ABOUT 63 YEARS, OCCUPATION: RETD.
                          SUPDT. CHIEF ENGINEER WRD BHOPAL F-3 190 POOJA
                          APARTMENT B,-SECTOR KOLAR ROAD DIST. BHOPAL
                          (MADHYA PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI P. K VERMA - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THR.
                                PRINCIPAL SECRETARY WATER RESOURCES
                                DEPT. VALLABH BHAWAN BHOPAL (MADHYA
                                PRADESH)

                          2.    ENGINEER IN CHIEF WATER RESOURCE
                                DEPARTMENT TULSI NAGAR BHOPAL (MADHYA
                                PRADESH)

                          3.    SUPREINTENDENT ENGINEER E AND M CIRCLE
                                BAN SURAKSHA BHAWAN TULSI NAGAR BHOPAL
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI PIYUSH BHATNAGAR - GOVERNMENT ADVOCATE FOR THE
                          RESPONDENT/STATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                           ORDER

This petition is filed being aggrieved of the order dated 28.01.2013 passed by the Chief Engineer Upper Narmada Zone, Jabalpur Bargi Hills,

Signature Not Verified Signed by: VINOD SHARMA Signing time: 1/9/2023 6:42:07 PM

Jabalpur (M.P.).

Admitting this mistake in not granting promotion to the petitioner w.e.f 12.08.1985 on the post of Assistant Grade-II (UDC) and petitioner's junior was promoted due to over site and mistake of the department yet has directed that the principal of 'no work no pay' will be applicable.

It is submitted that in the light of the law laid down by the Division Bench of this High Court in R.B. Guhe Vs. State of Madhya Pradesh, reported in 2008 (5) M.P.H.T. 291 (DB) where the lapse is on the part of the government in not promoting a particular person the principal of no work no pay will not be applicable.

There is no specific reply in the return filed by the State Government to this aspect. State has tried to mislead, on this aspect and has not filed any direct reply.

Hon'ble Division Bench of this Court in the judgment of R.B. Guhe (supra) in para 12 has held that the principal of 'no work no pay' shall not apply to a case where the lapses are on the part of the government in not promoting a particular person. A proper and correct seniority list is to be maintained by the Government and if the particular person is not assigned correct position in the seniority list and again the lapses would be on the part of the State Government.

In view of such decision of Hon'ble Division Bench, I have no hesitation to hold that petition deserves to be allowed and it is hereby allowed. Petitioner will be entitled to arrears of pay w.e.f the date of his promotion on the post of Assistant Grade-II (UDC) with all consequential benefits of subsequent pay revisions and other consequential benefits as may accrue to him from time to time.

Signature Not Verified Signed by: VINOD SHARMA Signing time: 1/9/2023 6:42:07 PM

(VIVEK AGARWAL) JUDGE Vin**

Signature Not Verified Signed by: VINOD SHARMA Signing time: 1/9/2023 6:42:07 PM