Entitlement to pay and allowances for the period of absence from duty, following reinstatement after dismissal, as per Rule 7.3 of the Punjab Civil Services Rules, Volume 1, Part 1.

JUDGMENT

Jaishree Thakur, J. - The petitioner herein seeks to challenge the orders dated 23.10.2013, 03.03.2015 & 04.12.2015 passed by respondents No.4, 3 & 2 respectively whereby the petitioner has been denied salary for the period from 10.11.2011 to 23.10.2012 when he remained out of service i.e. from the date of his dismissal from service till his reinstatement in service, by considering it as a period of duty without salary on the basis of no work no pay.

2. Learned counsel appearing on behalf of the petitioner herein would contend that the petitioner was nominated as an accused in FIR No.130 dated 01.08.2002 under Sections 326, 324, 323, 149 IPC registered at Police Station Sadar Phagwara, District Kapurthala. He stood convicted vide judgment/order dated 14.05.2010 passed by the JMIC, Phagwara but was acquitted in appeal i.e. Criminal Appeal No.16 dated 20.05.2010 preferred against the aforesaid judgment vide judgment dated 15.06.2013 passed by the Sessions Judge, Kapurthala. On acquittal of the petitioner, he was reinstated in service vide order dated 23.10.2013 passed by respondent No.4 from the date of his dismissal; however, he was denied the benefits of pay and allowances from the date of his dismissal to the date of his reinstatement in service. The petitioner challenged the order passed by respondent No.4 in appeal before respondent No.3, who vide order dated 03.03.2015 partly allowed the same and ordered to grant due benefits to the appellant (petitioner herein) from 15.06.2013 to 23.10.2013 i.e. from the date of acquittal of the petitioner till his reinstatement in service. The order dated 03.03.2015 was further challenged by the petitioner before respondent No.2, who while dismissing the appeal of the petitioner had also denied the relief that had been allowed to the petitioner by respondent No.3 of grant of pay and allowances from the date of acquittal till the date of his reinstatement in service. Against the aforementioned impugned orders, the instant writ petition has been filed.

3. Learned counsel for the petitioner would contend that the petitioner had been dismissed from service wholly on account of conviction of the petitioner in the aforesaid FIR, however, he stood acquitted in appeal. It is submitted that no departmental proceedings on the basis of the said FIR were initiated.

4. It is further contended that the impugned orders as passed by the respondents are unsustainable, while relying upon Rule 7.3 of the Punjab Civil Services Rules, Volume 1, Part 1. It is submitted that the principle of 'no work no pay' would not be applicable in a situation where the petitioner was kept away from work for no fault of his own. In support of his argument, he relies upon the judgments rendered in Sucha Singh Vs. State of Punjab and others 2014 (2) RSJ 370; Piara SinghVs.State of Puniab and others 2014(1)RSJ 241; Jaswinder Singh Vs. Punjab State Power Corporation Limited and others 2016 (4) RSJ 207; Ishwar Singh Vs. State of Haryana and others 2020 (3) SCT 50; Raghbir Singh Vs. State of Punjab and others 2021 (2) PLR 485 and Const. Sukhchain Singh Vs. The State of Punjab and others passed in CWP No.5228 of 2011 on 25.03.2013.

5. Per contra, learned counsel appearing on behalf of the respondent-State would submit that there is no infirmity in the orders so passed by the competent authorities, as the petitioner was dismissed from service on account of his conviction in the FIR mentioned above. It was on his acquittal in criminal appeal that he was reinstated in service; however, since he had not worked for the period from his dismissal from service till his reinstatement, he would not be entitled to the pay and allowances as sought by him for the said period.

6. I have heard learned counsel for the parties and have perused the paper book as well as the case laws cited. Rule 7.3 of the Punjab Civil Services Rules, Vol.1, Part 1 is reproduced as under:-

'7.3. (1) When a Government employee, who has been dismissed, removed or c