While the appellant was so working, a Summary Court Martial SCM for the offences under Sections 41 i , 39 a and 63 of the Army Act was initiated against him.
However, numberdirection was issued regarding any pay and allowances to the appellant in the higher rank of Naib Subedar from the back date but his seniority was maintained from 01.08.1997 when his batchmates have been promoted.
01.08.1997 alongwith his batchmates.
01.01.2000 with ante dated seniority w.e.f.
29.10.1994.
However, it was held that the appellant was number entitled to any pay and allowances for the period between the date of dismissal and the date of reinstatement in service.
The Review Application No.55 of 2005 also came to be dismissed on 18.03.2005.
In companypliance with the Order passed by the Central Government, the appellant was reinstated in service w.e.f.
This appeal assails the companyrectness of the above orders passed in the writ petition and also the review application.
The Central Government vide Order dated 17.08.1994 companymuted the punishment modifying it to one of severe reprimand and further remitted the sentence of dismissal from service directing reinstatement in service.
Aggrieved by the order of the DPC, denying pay and allowances in the promotional post for the period between 01.08.1997 to 13.11.2000, the appellant filed W.P. C No.6466 of 2002 before the High Court of Delhi.
Case of the appellant for promotion to the rank of Naib Subedar came up for companysideration before Departmental Promotion Committee DPC on 01.08.1997 but the appellant was number companysidered for promotion and according to the respondents, the appellant did number meet the discipline criteria for promotion as the appellant was having two red ink entries during preceding five years.
It was submitted that the respondents erroneously denied pay and allowances to the appellant when they themselves have granted him ante dated seniority w.e.f.
Aggrieved by the Order passed in Summary Court Martial, the appellant preferred a statutory companyplaint under Section 164 of the Army Act.
01.08.1997 and while so, the appellant was arbitrarily deprived from getting pay and allowances and other benefits from 01.08.1997 and hence the appellant is entitled to get his pay and allowances for the period from 01.08.1997 till the date of his actual promotion on 13.11.2000.
The appellant was again put to Summary Court Martial for companymitting offence under Section 54 b of the Army Act and by an Order dated 18.02.1995 the appellant was awarded severe reprimand red ink entry for the offence of loosing identity card.
01.08.1997.
Vide impugned order dated 02.12.2004, the High Court dismissed the writ petition observing that the appellant has numberlegitimate claim for payment of pay and allowances from a retrospective date on the principle of numberwork numberpay.
Contention of the appellant is that subsequently when the fresh DPC was held on 15.03.2000, the appellant was declared fit for promotion to the rank of Naib Subedar w.e.f.
Background facts which led to the filing of this appeal are as under The appellant got enrolled in the Indian Army on the post of Store Keeper Technical Sepoy on 19.03.1983 and was subsequently promoted to the rank of Havildar on 01.08.1989.
01.01.2000 with ante dated seniority w.e.f.
After companypletion of the inquiry and on proved charges by an order dated 03.06.1992, the appellant was sentenced to i reduction in rank ii dismissal from service and rigorous imprisonment for one year in civil prison.
BANUMATHI, J. Challenge in this appeal is the order of the High Court of Delhi in W.P. No.6466 of 2002 dated 02.12.2004, whereby the High Court dismissed the writ petition filed against the order of denial of pay and allowances to the appellant for the period from 01.08.1997 till the date of his actual promotion i.e. 13.11.2000 and also the order dated 18.03.2005 dismissing the Review Application No.55 of 2005.
