The principle of 'No Work No Pay' cannot be invoked by an employer to deny salary where the employee's absence from duty is a direct consequence of an unjustified or arbitrary administrative order, as the default in reporting for work is caused by the employer's own failure in fair administration.

JUDGMENT :

Rajesh Shankar, J. :

The present appeal has been preferred against the order dated 22.10.2024 passed in W.P.(S) No. 4453 of 2024 which has been disposed of directing the writ petitioner/respondent to file a fresh representation before the respondent nos. 2 and 3 of the said case (appellant nos. 2 and 3 herein) and the appellant no. 3 - the Principal Secretary, Department of Higher & Technical Education, Government of Jharkhand, Ranchi has been directed to consider the said representation and to pass order for payment of salary to the writ petitioner/respondent for the period from 01.04.2021 to 18.02.2022 (total 324 days).

2. The factual background of the case is that the respondent was initially appointed to the post of Lecturer in the year 1987. He, while working on the post of Technical Officer at Jharkhand Council On Science, Technology & Innovation (JCSTI), Ranchi, was transferred to the Government Polytechnic, Adityapur as Lecturer vide notification as contained in memo no. 352 dated 12.03.2021 and by the same notification, one Rewati Raman Upadhyay (12 years junior to the respondent) posted as Lecturer (Metallurgy) in Government Polytechnic, Dhanbad, was transferred to the Government Polytechnic, Adityapur on the same post with additional charge of the Principal of the said institution. Pursuant to the said notification, the respondent did not join the said post and he filed representation dated 15.03.2021 raising objection against his transfer order.

3. The respondent subsequently filed a writ petition being W.P.(S) No. 1509 of 2021 assailing his transfer order which was disposed of vide order dated 29.11.2021 directing the appellants to take decision on the respondent’s representation dated 15.03.2021 with respect to the order of his transfer as well as payment of salary for the period he remained absent.

4. In the light of the order dated 29.11.2021 passed in the aforesaid writ petition and considering the respondent’s representation dated 15.03.2021, his earlier transfer notification was superseded vide subsequent notification no. 185 dated 17.02.2022 and he was transferred to Rajkiya Mahila Polytechnic, Ranchi as In-charge Principal from where he superannuated on 31.01.2023.

5. Thereafter, a reasoned order as contained in memo No. 854 dated 28.08.2023 was issued under the signature of the Secretary, Department of Higher and Technical Education, Government of Jharkhand whereby it was decided that the period of absence from duty pertaining to the respondent i.e. from 01.04.2021 to 18.02.2022 (total 324 days) would be treated as extraordinary leave and he would not be paid salary for the said period on the principle of ‘No Work No Pay’.

6. Being aggrieved with the reasoned order dated 28.08.2023, the respondent filed writ petition being W.P.(S) No. 4453 of 2024 seeking direction to the appellants to make payment of salary for the said period of absence from duty with all consequential benefits. The said writ petition was disposed of vide impugned order dated 22.10.2024 directing the respondent to file fresh representation and the same was directed to be decided by the appellant no. 3 in accordance with law.

7. Learned counsel for the appellants submits that learned Single Judge has failed to appreciate that the guidelines have been issued by the State Government vide departmental resolution No. 2001 dated 13.08.2015 regulating the transfer/posting of Le