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JYOTI SINGH
Ajay Singh – Appellant
Versus
Delhi Police Public School – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)--Present writ petition has been filed by the Petitioner seeking the following reliefs:
"i. Set aside the order dated 20.12.2018;
ii. Direct the Respondents to pass an appropriate order regarding payment of full back wages/salary along with all allowances, increments, MACPs, continuity of pay scale, etc. in time bound manner, with effect from the date of suspension i.e. 31.01.2002 along with interest @ 12% per annum from the date the full back wages/salary along with all allowances, increments, MACPs, continuity of pay scale, etc. were due till the date of final payment.
iii. Direct the Respondents to forthwith deposit the Petitioner's share of gratuity, provident fund, etc. in the requisite accounts with effect from the date of suspension i.e. 31.01.2002;"
2. The matter has a chequered history and the facts to the extent necessary and relevant are as follows:
(A) Petitioner was appointed to the post of PGT (Physics) vide letter dated 24.07.1997 on probation for one year extendable at the discretion of Respondent No. 1/Delhi Police Public School (hereinafter referred to as the `School'). Services of the Petitioner were confirmed w.e.f. 01.08.1998 as PGT (
The principle of 'No Work, No Pay' cannot be invoked when an employee is willing to work but is kept out due to the actions of the employer, which were ultimately declared illegal by judicial orders.
The Petitioner is entitled to backwages and benefits from 17.01.1998 to 04.02.2010 due to unjustified non-payment and lack of substantiated misconduct.
No back wages where employee at fault for not joining transfer, removal quashed on technical grounds, and disciplinary proceedings pending; 'no work, no pay' applies despite reinstatement.
Management liable for full back wages on reinstatement after quashing its illegal termination via faulty, biased enquiry; state not liable for reimbursement without involvement in disciplinary proces....
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
Point of law : The enquiry was held without any basis and complaint and the charges could not be proved by the petitioners in the domestic enquiry as well as before the tribunal on opportunity given.
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