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MARLI VANKUNG
Lalthanmawia S/o Hrangkiauva (L) – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. T. Lalzekima, learned counsel for the petitioner, who has filed the instant petition challenging the Order dated 17th July, 2019 issued by the respondents wherein it was held that the petitioner will not be entitled to claim arrear pay and allowances during his period of absence but will be entitled from the date of joining duty.
2. The learned counsel submits that the case of the petitioner was that he was initially appointed on Muster Roll basis as a lineman in the office of Sub-Divisional Officer, Lunglei Electrical Maintenance Division (now re-designated as Power Maintenance Division) since February, 1983 till 06.10.1988. Subsequently, he was appointed to the post of Jugali on officiating basis in the scale of pay of Rs. 750-940 purely on temporary and could be terminated at any time without assigning any reasons thereof. His appointment order was made by the Executive Engineer, Lunglei Electrical Division, Lunglei dated 07.10.1988. While he was working on officiating basis as Jugali, he was arrested on 18.05.1992 in connection with Lunglei Police Station Case No. 123/1992 u/s 394/307 IPC r/w Section 14 of the Foreigners Act, 1946. The FIR
The petitioner, not being a substantive government servant, is not entitled to back wages for the period of absence due to criminal proceedings.
Point of Law : Question of back wages would be considered only if the authorities have taken action by way of disciplinary proceedings and the action was found to be unsustainable in law and the empl....
An employee acquitted of criminal charges is not automatically entitled to back wages if the suspension was due to their involvement in a crime, reflecting the employer's discretion based on the circ....
The central legal point established in the judgment is the entitlement of an employee to pay and allowances during the period of absence from service following exoneration on criminal and departmenta....
An employee dismissed due to criminal conviction is not entitled to reinstatement or back wages if acquitted after retirement, as per Article 311.
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
The 'no work no pay' rule does not apply when the employee is kept away from work due to the illegal and arbitrary actions of the department. In such cases, the employee is entitled to benefits for t....
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