The Allahabad High Court has held that the ‘no work no pay’ principle is not applicable to UP Government employees, who have been reinstated after full exoneration.
Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that under Rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges is entitled to full pay for the period of dismissal once he is reinstated. It further provides that such period of dismissal shall be treated as a period in service, on duty.
“It is apparent that, on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service”, the court added.
The court held that the quantum of the amount which is payable to such employee will depend upon the nature of exoneration from the charges. It was held that the only situation in which pay to such an employee can be denied is if he was in employment for the period he was out of service, and was earning more or equivalent to the amount he is entitled to.
The petitioner was a Follower of the Uttar Pradesh Police. Disciplinary proceedings were instituted against the petitioner under Rule 14 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991 where a chargesheet was issued against him alleging unauthorized leave of two days, hunger strike affecting the reputation of the police force.
In inquiry, the petitioner was held guilty of all charges leveled against him. A show cause notice was issued to the petitioner, and subsequently, he was dismissed from service. The petitioner filed an appeal against the termination order. The appellate authority exonerated the petitioner of charges leveled against and he was consequently reinstated in service.
Thereafter, a show cause notice was issued to the petitioner under Rule 73 of the Financial Handbook Volume-II Part II to IV as to why his services for the period the petitioner was out of service i.e., between January 9, 2020, to September 29, 2020, be not regularized without payment of salary on the principle of ‘no work no pay’. The said period was the period between his termination and the order of the appellate authority.
Hence, the petitioner challenged the said order before the high court. The court in its decision dated July 16 allowed the writ petition and directed the registrar (compliance) to send a copy of this order to SP, Deoria for compliance.