Ti^a'a i'Q.j-^^fl' ^^ \^. ^ Wmr PET1TION (S) No. 1344 ot 2008 PETITIONER RESPONDENTS 1. 2. S.M.Gondhalekar aged 49 vears S/o M.GoadliaSekar Sub-Divisional Enguieer, O/o : DGM fWTR) Raipur CG VERSUS Bharat Sanchar Nigam Limited, Through: The Chainaan and Maaagmg Director, BSNL : Bharat Sanchar Bhawan, Haish Chandra Mathur Lane, Jaiipatli, New - DeBii - 110001. The Chief'General Maa&ger, Bharat Sanchar NigEim Linuted, Western Teleeoin Region, 11 Floor, Telephone House, Prabhadevi : Dadar (West) Mumbai. The Chief General Manager, BSNL : MP Telecom Circle : Saachar Bhavan: Opp. Govt. PriHtiiig Press : Hoshangabad Bhopal: MP Tlie Cliief General Manager, BSNL: Chhattisgarh Teleeom Circle Dooisanchar Bhavan : Khamhardih : Raipur CG Umon of India, Througii : The Secretary to fhe Govt. of India: Department of Telecommunication, ianchai- Bhavaii, 20, Asliok Road: Parliataent Street.New-DeUu-1: 3. 4. 5. WRTT PETmON UI^DER ARTICLE 226 OF THE CONSTnUTION OF INDIA SB: Hon'Me Shri Satish K. Agnihotri, J. Present: Shri Anurag Dayal Shrivastava, Advoeate fbr the petitioner. None for the responderrts. ORALORDBR (Passed on 03rd day of March, 2008) 1. The tacts, as stated by leamed counsel appearing tbr the petitioner is that (he petitioner was working as Telephone Operator from 12.02.1982 till 25.01.1993 when he assumed the ofGce ofJunior Telecome Offieer on the basis ofpromotional exammation held in the vear 1991. 2. Leamed counsel further submits that ihe petitioner came to know in Ifae year 2003 tliat the respondent authorities have taken stand in O.A. No. 485/1994 - (Madan Kumar Gupta Vs. Union of fadia and Others) that the petitioner was appointed on fhe said post on the basis of his selection in the year 1990. Leamed counsel fiiriher submits fhat the case ofthe petitioner was coasidered andthe authorities coacemed \"de order dated 18 Januar}' 2006, grantedthe petitioner the year ofappomtmenton promotion from1989. . ,*..«t»-ii<iaH*»a>M-B«i'^atas aa5«aa S Amit 3. The petitioner seelis dtrection to the respondents to grant the petitioner fixation of pay witti effect fi-om 07.07.1990 and lurther consider the petitioner for promotion on ttie post of Sub Divisional Engineer (Telecom Engineer Services) Group 'B' with effeet from 11.01.2002. the date on which other candidates selected ia fhe year 1989 were considered and promoted. Leamed counsel farthw prays for proper placement in the seniority list and consequential benefits. 4. This is an admitted case of the petitioner fhat the petitioner has joined the post of Junior Telecom QfBcer after having properly being selected in the departmeiital promotion examination.on 25.01.93. Thereafter, fhe petitioner was sraiited the vear 1989 for the purpose of promotion to the post of Jumor Telecom Officer. So far as the prayer of the petitioner with regard to consideration ofhis candidature for further promotion and proper placement in seniority list is concemed, the petitioner can agitate the same before fhe authorities on the basis ofletter dated 18.01.2006 (Annexure P/12). 5. So far as the grant of salary and consequential benefits are concemed, law is very ciear that when retrospective promotion is given to an incumbent from retrospective date, that may be a notional promotion aad ttiat does not entitle the emplovee to the arrears of salarv as the incumbent has not woriced in the promotional post earlier. 6. Applying the well settled principles of law to the tacts of the case that the petitioner joined to fhe office ofthe Junior Telecom Officer on 25.01.1993, the petitioner is not entitled to anv arrears of salarv or other benefrts for the retrospective period. 7. The Supreme Court, in the matter of Union of India Vs. B.M.Jha {JT (1) 8C 77) observed as under: ".. .we are ofthe view that in fhe lidit ofthe consistent view takai by this Court ia the aboveine'fftioned cases, an'ears of salary cannot be sranted to the respondent in view ofthe principle of no work no pay m case of retrospective promotion" 8. Thus. tUs petition is devoid ofmerit and is dismissed. No order asto costs. Sd/- SatishK.Agnihotri Judge