IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7920 of 2004 UPENDRA NATH SHRIVASTAVA, S/o Late Gobind Prasad, R/o Mohalla-Miscout, Motihari, P.S.- Motihari, District- East Champaran. Versus 1. THE STATE OF BIHAR 2. The Commissioner and Secretary to the Government of Bihar, Welfare Department, Patna. 3. The Director, Welfare, Bihar, Welfare Department, Patna. 4. The Collector and District Magistrate, East Champaran, Motihari. 5. The Deputy Director, Welfare, Tirhut Division, Muzaffarpur. 6. The District Welfare Officer, East Champaran, Motihari. 7. Sri Ram Lagan Prasad, S/o Late Uttam Pandit, Village-Gheghwa, P.S.-Madhuban, District- East Champaran. 8. Sri Dharam Deo Tiwari, S/o not known, Block Welfare Officer, C/o The Director, Welfare, Bihar, Welfare Department, Bihar, Patna. 9. Sri Ram Udit Singh, S/o not known, Block Welfare Officer, C/o The Director, Welfare, Bihar, Welfare Department, Bihar, Patna. 10. Sri Arun Kumar Jha, S/o not known, Block Welfare Officer, C/o The Director, Welfare, Bihar, Welfare Department, Bihar, Patna. 11. Sri Ram Pravesh Singh, S/o not known, Block Welfare Officer, C/o The Director, Welfare, Bihar, Welfare Department, Bihar, Patna. 12. Sri Birendra Lal Das, S/o not known, Block Welfare Officer, C/o The Director, Welfare, Bihar, Welfare Department, Bihar, Patna. For the Petitioner : Mr. Surya Deo Narayan Verma, Advocate. For the State : Mr. K.Ravish, Advocate. ----------- 3. 30-07-2010 Petitioner is not satisfied with the notification dated 29-07- 2005 by virtue of which he has been given promotion on the post of Block Welfare Officer w.e.f. 29-10-1998 till his date of superannuation. Admitted position is that petitioner retired on 30-11 1998 and the question of his promotion from the date his juniors were promoted, came to be decided only on 29-07-2005. According to the stand of the petitioner, since the A.C.R.(Annual Character Roll) of petitioner was not available at the time when the Departmental Promotion Committee(D.P.C) had considered his case, it was kept in abeyance and only when subsequently - 2 - the records were completed then the committee decided to give him promotion from the date on which juniors were granted promotion. Petitioner wants a direction for payment of salary from the date of promotion till his date of retirement with other consequential benefits, if any. The prayer of the petitioner is misplaced in view of the fact that the petitioner had not shouldered the responsibility even for a day when the promotion was so granted to him as he had superannuated in the meanwhile. The principle of ‘no work no pay’ can be made applicable in such a situation and there are decisions in support thereof. It is only made clear that the order of promotion corresponding to the pay scale has been given to him from 29-10-1998, and this will entitle the petitioner to draw his pension and other dues on the basis of promotion order. The application is disposed of with a direction upon the respondents that they shall settle the pension and other dues of the petitioner expeditiously as it is his stand that despite the said notification issued by the Government dated 29-07-2005 the consequential benefits of pension and other dues have not been authorized or paid to him. This writ application stands disposed of. Sujit (Ajay Kumar Tripathi, J.)