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M. S. RAMESH
D. Ramkumar – Appellant
Versus
Pondicherry Society for Higher Education, Represented by its Chairman, Puducherry – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for records relating to the order of the first respondent made in No.379/PONSHE/Estt./E2/2013 dated 21.01.2015 to quash the same and consequently direct the respondents to forthwith regularize the period between 25.11.2013 and 29.06.2014 as duty for all purposes as per Fundamental Rules and to extend all benefits both service and monetary arising thereto.)
1. The claim of the petitioner seeking for salary and other monetary benefits from the date of his transfer till the date of his joining at the transferred place, i.e., between 26.11.2013 and 29.06.2014, was rejected by the first respondent herein through the impugned order, dated 21.01.2015, which is under challenge in the present Writ Petition.
2. The brief facts of the case are as follows:
(i) The petitioner herein is a 100% visually challenged person. He was initially appointed as a Lecturer in English on 06.02.2009 at the third respondent College. During his employment, he was transferred on 25.11.2013 from the third respondent College to Rajiv Gandhi Arts and Science College, Thavalakuppam
In cases of wrongful/illegal termination or transfer, the employee is entitled to reinstatement with continuity of service and backwages. The 'no work no pay' principle does not apply in cases of ill....
Quashing transfer order does not automatically invalidate disciplinary action for unauthorised absence; employee must join despite challenge absent stay – absence period regularized as qualifying ser....
An employee's unauthorized absence from duty, despite a challenged transfer order, does not entitle them to pay and allowances.
An employee prevented from working without fault retains entitlement to salary; principles of 'No Work No Pay' do not apply.
Transfer is incident of service; no vested right to implementation if cancelled for valid administrative reasons like unauthorized absence; compassionate transfer needs certified disability proof; no....
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