CWP(T) No. 4639 of 2008. 29.03.2010. Present: Mr. Dilip Sharma, Advocate, for the petitioner. Mr. Rajinder Dogra, Additional Advocate General, for the respondents. Criminal cases were registered against the petitioner while he was working as Forest Range Officer at Tharoch. He was convicted in the year, 1984. His case for induction into H.P.F.S. was considered and the same was kept in a sealed cover in the year, 1986. Thereafter, he has been acquitted by a Division Bench of this Court on 11th April, 1996. The sealed cover was opened on 31st January, 2003. He has been considered for induction into H.P.F.S. w.e.f. 19th December, 1987, that too on notional basis. He has been granted selection grade notionally w.e.f. 19th December, 1995 and on actual basis w.e.f. 8th February, 1999. It is settled law by now that once the person has been acquitted in a criminal case and is exonerated in disciplinary proceedings, the recommendations made by the D.P.C. are to be considered in accordance with law. Mr. Rajinder Dogra, learned Additional Advocate General has argued that since the petitioner has not worked on promotional post, he could not be granted the salary for this period. In the present case, petitioner was always ready and willing to work on the promotional post. : 2 : However, his case was not considered due to pendency of an appeal in this Court. Now, he stands acquitted. In these circumstances, the petitioner ought to have been granted actual promotion with all monetary benefits w.e.f. 19th December, 1987. In other words, the principle of “no work no pay” shall not apply. Their Lordships of the Hon’ble Supreme Court in Union of India and others versus K.V. Jankiraman and others, (1991) 4 SCC 109 have held as under: “We are not much impressed by the contentions advanced on behalf of the authorities. The normal rule of "no work no pay" is not applicable to cases such as the present one where the employee although he is willing to work is kept away from work by the authorities for no fault of his. This is not a case where the employee remains away from work for his own reasons, although the work is offered to him. It is for this reason that F.R. 17(1) will also be inapplicable to such cases.” Similarly, petitioner has been granted notional benefits of selection grade w.e.f. 19th December, 1995 and actual payment has been made w.e.f. 8th February, 1999. : 3 : Petitioner is entitled to selection grade w.e.f. 19th December, 1995 after his acquittal by this Court. Accordingly, the petition is allowed. Respondents are directed to pay the petitioner all the monetary benefits w.e.f. 19th December, 1987. Respondents are further directed to pay and release to the petitioner the selection grade w.e.f. 19th December, 1995. Petitioner is held entitled to interest on these amounts payable @ 9% per annum. Needful be done within a period of ten weeks from today. No costs. (Rajiv Sharma), Judge. March 29, 2010. (bhupender)