Union Of India Etc. Etc vs K.V. Jankiraman Etc. Etc on 27 August, 1991
3. The fact of the matter is that petitioner has been promoted
with effect from the date his junior was promoted. The grievance stands
redressed. However, the arrears of difference of salary have been denied
by invoking the principle of 'no work, no pay' against the petitioner. It is
well settled that this principle cannot be applied in cases of retrospective
promotions to cure right deprivation suffered in the past when claim was
wrongly ignored. There is sufficient judicial precedent to support the
proposition including in Union of India v. K.V. Jankiraman, AIR 1991 SC
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CWP No.2288 of 2015 -2-
2010 as well the decision of the Division Bench of this Court in Karnail
Singh v. Punjab State Electricity Board & ors., 2006(4) RSJ 671 by
applying the law in Paluru Ramkrishnaiah v. Union of India, AIR 1990
SC 166 and K.V. Jankiraman's case (supra), full salary will become
available to the petitioner as a matter of right.