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 but prevented from working.

JUDGMENT :

JIYA LAL BHARDWAJ, J.

1. By way of the present petition, the original petitioner Prakash Chand, who expired on 25.11.2021 and substituted by his Legal heirs, (for short “petitioner) has prayed for the following substantive reliefs:-

“(i) That the respondents may kindly be directed to grant the petitioner three ACP increments, on completion of his 4-9-2014 years of regular services as JBT Teacher and to pay the arrears and other allowances along with interest @ 12% per annum.

(ii) That the respondents may kindly be directed to pay the salary for a period of 68 days during which the services of the petitioner remained terminated by the regularizing the period of termination.”

2. Shorn of unnecessary details, the key facts of the case are that the petitioner vide office order dated 14.02.1992 (Annexure P/A) was appointed as Volunteer Teacher (Primary) in Government Primary School Simbal. In sequel to said office order, he joined duties on 03.03.1992 as claimed in letter dated 10.08.2012 (Annexure P/E).

3. Feeling aggrieved by the appointment of the petitioner as Volunteer Teacher, one Smt. Meeran Devi (wrongly mentioned as Meera Devi), who also participated in the selection process, had preferred Original Application before the Himachal Pradesh State Administrative Tribunal, which was registered as O.A. No.816 of 1993.

4. It has been mentioned in the petition that another Original Application preferred by Smt. Meeran Devi (wrongly mentioned as Meera Devi) against appointment of one Sh. Pardhan Singh, was registered as O.A. No.431 of 1992. In this Original application, Sh. Pardhan Singh was offered appointment in Government Primary School Chobhu (Baijnath Block).

5. The Original Application filed by Smt. Meeran Devi against the selection of the petitioner as Volunteer Teacher (Primary remained pending before the Tribunal, but in the meantime, the services of the petitioner were regularized as Junior Basic Teacher w.e.f. 01.08.1998. After regularizing the services of the petitioner as JBT, the original application preferred by Smt. Meeran Devi was decided on 29.07.2004 (Annexure R-I) by the Tribunal holding that selection of private respondent i.e. the petitioner was not the result of fair play, rather the procedure adopted by the respondents-State vitiates and the selection smacks of malafides. Consequently, the selection proceedings appointing the petitioner as Volunteer Teacher (Primary) vide Annexure A-5 appended with the original application were quashed and respondents-State were given liberty to hold the interview afresh for the post of Volunteer Teacher in Government Primary School, Simbal, within a period of four months.

6. Despite categorical directions given by the Court to hold the interview afresh for the post of Volunteer Teacher in Government Primary School, Simbal within a period of four months, the authorities of the respondents-State did not take any action, however, later on services of the petitioner were terminated on 21.02.2005. After termination, the petitioner had filed writ petition bearing CWP No. 181 of 2005, titled, Parkash Chand vs. State of H.P. and others , before this Court, laying challenge to the order dated 29.07.2004, passed by the Tribunal and also the order of termination of his services dated 21.02.2005 and this Court vide order dated 21.04.2005 (Annexure P/C) stayed the order of termination of the petitioner.

7. Subsequently, vide judgment dated 26.03.2007, in CWP No.181 of 2005, the Hon’ble Division Bench of this Court