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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I.CHAGLA, ADVAIT M.SETHNA
G.N.Mohanty – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition challenges order denying salary for absence during transfer dispute (Para 1 , 2 , 3) |
| 2. transfer ordered; representations rejected, relieving issued (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. prior writ; grc cancels transfer, rejects salary as dies non (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. absence period is joining time under aai manual post-cancellation (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 5. unauthorized absence treated as dies non, no work no pay (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 6. employee must join transfer; cannot benefit from own wrong (Para 43 , 44 , 45) |
| 7. aai manual joining time requires actual joining new post (Para 46 , 47) |
| 8. unauthorized absence breaks service, forfeits pay and benefits (Para 48 , 49 , 50 , 51 , 52) |
| 9. fr 17 prevails; denies pay for unauthorized absence (Para 53 , 54) |
| 10. dies non not punishment; upholds no work no pay (Para 55) |
| 11. no salary despite transfer cancellation if unauthorized absence (Para 56 , 57 , 58) |
| 12. impugned order upheld; petition dismissed no interference (Para 59 , 60 , 61 , 62 , 63) |
JUDGMENT :
R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.
1. Rule. The Rule is
Cancellation of transfer after relieving but before joining does not entitle salary for intervening period if employee fails to report to new posting; treated as unauthorized absence and 'dies non' u....
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
An employee's unauthorized absence from duty, despite a challenged transfer order, does not entitle them to pay and allowances.
In cases of wrongful/illegal termination or transfer, the employee is entitled to reinstatement with continuity of service and backwages. The 'no work no pay' principle does not apply in cases of ill....
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