JUDGMENT :

Kurian Joseph, J.

1. Leave granted.

2. 'No work, no pay', is the rule and 'no work, yet pay', is the exception. Compulsory waiting period is one such exception. But to qualify for the exception, an employee has to establish that he had made earnest endeavors and yet that he was not able to join duty for no fault on his part. He must also show his earnestness to join duty. Voluntary waiting period is not covered by the exception.

3. First Respondent was appointed Teacher in political science as per Memo No. 400-548 dated 05.02.1986 and he was directed to join the High School, Kisko, Lohardagga within 21 days. He reported for duty on 24.02.1986. However, his appointment order was returned by the Headmaster with the endorsement as under:

According to the memo No. 400-548 dated 5th February, 1986 Shri Kripanand Singh (Assistant Teacher) has been appointed in Political Science subject issued by the Deputy Director of Education Secondary, Budhmarg, Patna.

In this School already Teachers in Political Science and History subjects are working. In this school there is only one vacant post of Hindi subject.

Therefore, it is not possible to accept joining of him in this School.

4. After fiv