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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Pradeep Kumar Gupta – Appellant
Versus
Directorate of Education – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
1. The challenge in this petition is to an order dated April 12, 2023 passed by the Central Administrative Tribunal (`Tribunal', in short), Principal Bench, New Delhi in O.A. No. 3777/2016 titled as Pradeep Kumar Gupta & Anr. Vs. Govt. of NCT of Delhi & Ors. The said OA was filed by two applicants namely Pradeep Kumar Gupta and Mahesh Chand Gupta.
2. It is noted that Mahesh Chand Gupta has filed a writ petition being W.P.(C) 14310/2023. The same was disposed of on November 03, 2023 by this court in terms of the following order :
"2. The only grievance of the petitioner as has been urged by Mr.Aggarwal is that the Tribunal should not have confined the re-examination of the petitioner for re- engagement as a Guest Teacher prospectively. He submits that the petitioner's services having been disengaged in the year 2016, the petitioner was within his right to seek back wages till the date of disengagement. He concedes to the fact that the petitioner has challenged the order which has now been passed by the respondents pursuant to the impugned order of the Tribunal dated April 12, 2023. According to him, in view of the observation of the Tribunal in paragr
The principle of parity and the consideration of back wages in accordance with law.
Applicant would not be entitled to salary for the period for which he has not worked in the service of the respondent college and the said period for which the applicant has not worked in the respond....
An employee wrongfully terminated without a proper enquiry is entitled to be treated as under deemed suspension and receive subsistence allowance during the period of the enquiry, ensuring protection....
The petitioner was entitled to backwages for the non-working period, except for the period when he pursued a law degree and practiced law. The Court directed the respondents to calculate the backwage....
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.
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