IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12203 of 1998 Date of decision : 28.03.2011 Amarjit Singh Chopra, … Petitioner Versus State of Punjab and another …Respondents CORAM : HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.Gaurav Chopra, Advocate for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. Permod Kohli, J. Petitioner served in Army w.e.f. 13.10.1963 to 30.6.1968. On being relieved from the Army, the petitioner joined the Excise and Taxation Department of Punjab in July 1974 by the Punjab Public Service Commission. The petitioner was promoted to the next higher post of Deputy Excise and Taxation Commissioner and he was given deemed date of appointment as Excise and Taxation Officer from 25.10.1969 by granting him the benefit of Army service. It is stated that the petitioner was not given any further benefits of promotion on the post of deemed seniority. The petitioner filed a Civil Writ Petition No.6921 of 1995 claiming ante dated promotion with back wages etc. This writ petition however, came to be disposed of vide order dated 12.5.1995 directing the respondents to decide the representation of the petitioner by passing a speaking order within period of two months. On consideration, the representation of the petitioner came to be decided and he was granted ante dated benefits of seniority/promotions in the cadre of Assistant Excise and Taxation Commissioner, Deputy Excise and Taxation Commissioner, Joint Excise and Taxation Commissioner and Addl. Excise and Taxation Commissioner vide order dated 26.9.1995. However, this benefit was without any financial benefits. Aggrieved of the refusal to grant the financial benefits, petitioner made a representation dated 31.10.1995 and continued to make various representations in this regard. This writ petition has been filed seeking a direction for quashing the order dated 26.9.1995 (Annexure P-1) and the order dated 20.6.1997 CWP No.12203 of 1998 [2] whereby the supernumerary post has been created for the petitioner at various stages to grant him notional benefits. However, by this order also, no financial benefit was allowed. The short grievance of the petitioner is that once he has been granted ante dated benefits of the seniority and promotion, he is entitled to financial benefits. The claim of the petitioner has been refuted by the respondents. At the first place, it is stated that petitioner has been granted the benefit of earlier service in accordance with Punjab Government National Emergency (Concession) Rules, 1965. As regards the financial benefit is concerned, the petitioner has been denied the financial benefits applying the Rule of ‘No work-No pay’. It is stated that since the petitioner did not work on the higher post, he is not entitled to the financial benefits. From the reply, it also transpires that the death-cum-gratuity of the petitioner was withheld on account of some vigilance case pending against him. Subsequently, vigilance proceedings against him were dropped and admissible amount of Rs.92,400/- was released in favour of the petitioner along with interest of Rs.5236/- on delayed payment of gratuity. The only question which remains in the present writ petition is whether the petitioner is entitled to financial benefits on account of retrospective promotion. The retrospective effect of the promotion is only notional by fixing the pay of the petitioner at higher level. Admittedly, the petitioner did not work on the promotional posts from time to time and thus, has rightly been denied the financial benefits. All the claims of the petitioner have been paid. There is no merit in the writ petition. Dismissed. ( Permod Kohli ) Judge 28.03.2011 sd