ORDER :

1. The writ petitioner while working as Assistant Food Inspector [who died during pendency of this writ petition] was placed under suspension on 10.3.1995 on registration of criminal case for offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter called as 'PC Act') and ultimately, he was convicted by the jurisdictional criminal Court for the aforesaid offences on 29.6.1996. In the meanwhile, the State Government on 5.11.1998 in exercise of power under Rule 19(i) of the Chhattisgarh Civil Services (Classification, Control & Appeal) Rules, 1966 (hereinafter called as 'the Rules of 1966') inflicted the petitioner with major penalty of dismissal from service under Rule 10 (ix) of the Rules of 1966. On an appeal being preferred before this Court, the petitioner was acquitted by this Court vide its judgment dated 18.7.2006 passed in Criminal Appeal No.1094/1996. It is the case of the petitioner that upon honourable acquittal from criminal charges he was superannuated from service w.e.f. 31.1.2003 and he was given all service benefits like pension, gratuity, leave encashment etc., except salary from 1.11.1994 i.e. the date of registration of criminal case till the date of his superannuation on 31.1.2003 and ultimately, by order dated 3.11.2010 (Annexure R-1), it has been held that on the principle of 'No Work No Pay', the writ petitioner would not be entitled for full pay and allowances for the aforesaid period. The aforesaid order has been called in question by writ petitioner in this writ petition.

2. Return has been filed by the respondents stating that the petitioner is not entitled for pay and allowances from 1.11.1994 to 31.1.2003 by the impugned order on the principle of 'No Work No Pay' and as such, the writ petition deserves to be dismissed.

3. Mr. A.K. Prasad, learned counsel appearing for legal representative of the petitioner, would submit that since the petitioner upon his acquittal has been granted all service benefits and he retired from service w.e.f. 31.1.2003 on attaining the age of superannuation by the order of the State Government, therefore, legal representative of the petitioner is also entitled for benefit of full pay and allowances from 1.11.1994 to 31.1.2003. He would further submit that though the petitioner has honourably been acquitted from criminal charges on 18.7.2006 and setting aside the order of dismissal, he has retired from service w.e.f. 31.1.2003 by order dated 29.11.2006 (Annexure P-4) and all service benefits like pension, gratuity, leave encashment etc., have been granted, therefore, he is entitled for full pay and allowances from 1.11.1994 to 31.1.2003 and invocation of principle of 'No Work No Pay' is unsustainable and bad in law and the order dated 3.11.2010 deserves to be set aside.

4. On the other hand, Mr. Ravi Bhagat, learned Deputy Government Advocate for the respondents, would submit that all service benefits have been granted, but since the petitioner did not work right from 1.11.1994 to 31.1.2003 he would not be entitled for benefit of full pay and allowances for that period on the principle of 'No Work No Pay' and principle of 'No Work No Pay' has rightly been applied to the facts of the present case and as such, the writ petition deserves to be dismissed.

5. I have heard learned counsel appearing for the parties, considered their rival submissions made hereinabove and also went through the records with utmost circumspection.

6. The petitioner while working as Government Servant in the capacity of Assistant Food Inspector was subjected to suspension on 10.3.1995 on registration of criminal case for offences punishable under Sections 7 & 13(1) (d) read with Section 13(2) of the PC Act and ultimately, he was convicted by the jurisdictional criminal Court on 29.6.1996. In the meanwhile, on 05.11.1998 he was dismissed from service under Rule 19(i) of the Rules of 1966 without holding departmental enquiry on the b