IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.11502 of 1991 Date of decision: 30th June, 2010 Shyam Lal Gupta and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Veneet Yadav, Advocate for Mr. Amar Vivek, Advocate for the petitioners. Ms. Ambika Luthra, Assistant Advocate General, Punjab for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The petitioners were recruited as Sub-Inspectors in the Department of Consolidation of Holdings in the erstwhile State of Punjab on 17th July, 1954. The prayer made in the writ petition is that after the Department of Consolidation of Holdings was wound-up and the petitioners were absorbed in the Punjab Civil Secretariat, the services rendered by them in the Department of Consolidation of Holdings ought to be counted towards their seniority and they ought to be promoted to the higher post. In support of this, reliance has been placed upon a Full Bench judgment of this Court rendered in ‘Kartar Singh and others v. State of Punjab and others’ 1989 (4) SLR 340. During the course of arguments, counsel for the petitioners has admitted that all the petitioners have retired, except petitioners No.3 Civil Writ Petition No.11502 of 1991 to 5, who have died. A specific query was put to counsel that in case the benefit granted by the Full Bench of this Court in Kartar Singh’s case (supra) is granted in the present case and it is held that the petitioners are entitled to the benefit of service rendered in Department of Consolidation of Holdings towards seniority, having not discharged their duty on the promoted post, they will not be entitled to the benefit of salary considering the maxim of “no work no pay”. Since the petitioners have retired long back, even re-fixation of the seniority on the notional basis will be an exercise in futility. Therefore, no interference is warranted in the present writ petition and the same is hereby dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE June 30, 2010 rps 2