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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Enayat Ulla Khan, S/o. Shri Rahamat Ulla Khan – Appellant
Versus
State of Chhattisgarh, Through its Secretary, Panchayat & Gramin Vikas Vibhag – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. This writ appeal is directed against the part of the impugned judgment & order dated 7-12-2020 passed by the learned Single Judge in W.P.(S)No.6690/2014, by which while setting aside the order of termination from service, the writ appellant herein / writ petitioner has been held dis-entitled for back-wages applying the principle of “no work no pay”.
2. This part of the order has been questioned by the writ appellant on the following factual backdrop: -
3. The writ appellant herein was in Government service and he was serving on the post of Assistant Internal Audit & Taxation Officer posted at Janpad Panchayat, Bhaiyathan, District Surguja at the relevant point of time when he was charge-sheeted on account of alleged misconduct. A detailed departmental enquiry was conducted against the appellant herein in accordance with the provisions contained in the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 and accordingly, the order of termination was passed on 5-4-2010. The said order of termination was confirmed by the appellate authority – Director (Panchayat) on 30-9-2014, as such, services of the appellant stood terminated. Fee
The court held that under FR 54-A(3), a government servant whose dismissal is set aside on merits is entitled to full back wages from the date of dismissal until retirement.
The doctrine of 'no work no pay' applies unless the employee proves lack of gainful employment during the disputed period, placing the burden of proof on both parties.
The principle of 'no work, no pay' cannot be invoked when an employee is unlawfully prevented from discharging their duties, affirming the entitlement to pay during such periods.
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