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13. Subsequently relying on P.S. Mahal v. Union of India AIR 1984 SC 1291, arrears of salary on account of backdated promotion was claimed but the aforesaid dictum was not followed in Virender Kumar v. Avinash Chadha and Ors. and for denying arrears of salary to the employees who were allowed promotion from an earlier date the Apex Court gave the following reasons:- "1. Deemed appointments have to be given to the concerned employees even from the dates when they were not in service and probably when they were still in their schools and colleges. 2. Neither equity nor justice is in favour of the respondents to award them emoluments of higher posts with retrospective effect and the decision in P.S. Mahal (Supra) was distinguishable. 3. The matter was agitated in 1972 but remained pending for more than one and half decade for no fault of the employer. 4. The higher posts were not vacant during the entire period and were manned by others. The employer had paid the incumbents who were working on the higher post emoluments of the said posts. 5. The employees have not actually worked in the higher post and on the principle of "no work, no pay". were not entitled for higher salary." In the aforesaid case, therefore. on the facts and circumstances of the case as referred above, the employees were denied arrears of salary despite of allowing promotion from an earlier date.