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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Basudev Tiwary – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. In this writ petition, the petitioner has challenged part of order of the 4th respondent/Managing Director of the Corporation dated June 26, 2020. He has also prayed for release of his actual salary and pay for the period from February 14, 2005 to May 31, 2015, with interest and other consequential benefits, stating that the same has been arbitrarily and illegally withheld by the respondent/Corporation, in violation of the Amended Standing Order as applicable.
2. Before dealing with the grounds pleaded by the writ petitioner, it is necessary that the relevant background facts narrated in the writ petition to have culminated into the instant writ petition may be mentioned.
3. The writ petitioner has been a permanent employee of the respondent/Corporation since from August 1981 and served as a tram driver [No. 293/641]. In the month of February 2005, when he was posted at Tollygunge Tram Depot, he obtained medical leave due to his illness, from February 14, 2005. He left his work place and took abode at his native place. He continued contacting and informing about his health to the Depot authorities and after recovery approached them in order to resum
The principle of 'no work no pay' prevails when an employee deliberately absents from the workplace without providing sufficient and reasonable grounds for such absence.
Disciplinary actions for unauthorized absence, including penalties of reduction and dismissal, were upheld, affirming adherence to procedural rules and cautioning against claims of double jeopardy.
The principle of 'No Work, No Pay' applies only when an employee is out of service; it is inapplicable when the employee is willing to work but not utilized by the employer.
A reinstated government servant who has been fully exonerated is entitled to full pay and allowances for the period of absence due to wrongful dismissal, as per Rule 54(2) of the Financial Handbook.
Employer must ensure that an employee with a disability is treated fairly, including salary payment for an absence due to illness, under the Rights of Persons with Disabilities Act, 2016.
Prolonged unauthorized absence from service results in salary forfeiture beyond three years prior to filing a writ petition, while pensionary rights are preserved post-superannuation.
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