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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
State of Jharkhand – Appellant
Versus
Ranjit Kaur, S/o Late Sardar Sewa Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J:
This appeal is filed under clause 10 of the letters patent is directed against the order dated 27.01.2020 passed by the learned single judge in WP(S) No. 4275 of 2016, by which the period from 11.12.1987 to 03.09.1992 has been directed to regularise by quashing the decision so taken as under order 27.04.2005 and 31.03.2016 with a direction to treat the said period to be as a continuity in service and to calculate the same for making the payment of her salary as well as her retirement benefits to be paid within a stipulated period of 6 weeks.
2. The brief facts of the case as per the pleadings made in the writ proceeding, which are required to be enumerated herein, read as under :-
It appears from the pleading as referred hereinabove that the writ petitioner was appointed as Assistant Teacher on 07.02.1983 and accordingly she started discharging her duty. While discharging the duty as such, the writ petitioner was deputed to another school vide memo dated 22.06.1984, i.e. the Silwar Middle School, Hazaribagh and that time she had made an application for her transfer to Patna vide application dated 11.07.1986, but her request was not accelerate to, rat
Absence cannot be termed unauthorised without a conclusive finding from an inquiry officer, and compelling circumstances beyond the employee's control may lead to absence.
The main legal point established in the judgment is that unauthorized absence from duties constitutes misconduct, and the disciplinary authority is empowered to impose punishment based on fair discip....
Pensionary benefits can be denied for periods of unauthorized absence under applicable rules, and prior decisions concerning the same parties bar relitigation under res judicata principles.
Prolonged unauthorized absence from service results in salary forfeiture beyond three years prior to filing a writ petition, while pensionary rights are preserved post-superannuation.
The importance of providing an opportunity of hearing to the employee/petitioner before passing any adverse order, as mandated by the principles of natural justice.
Court affirmed 'No Work No Pay' applies where absence is unauthorized and justified by inquiry findings.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
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