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2018 Supreme(All) 23

YASHWANT VARMA
YADUNANDAN SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
V.S. Chauhan for the Petitioner; K.R. Singh and C.S.C. for the Respondents.

JUDGMENT

Hon’ble Yashwant Varma, J.—Heard Shri V.S. Chauhan, learned counsel for the petitioner and Shri K.R. Singh, learned Additional Chief Standing Counsel for the respondents.

2. This petition calls in question an order dated 30 June 2008 passed by the Senior Superintendent of Police, Jhansi, the third respondent herein. In terms of the said order, the third respondent has proceeded to hold that the petitioner is not entitled to any wages for the period 27 February 1992 upto 5 February 1997. The sole ground on which the decision of the third respondent rests is his understanding that the petitioner would stand disentitled from payment of wages for this period on account of the applicability of the principles of ‘no work no pay’.

3. In order to appreciate the challenge laid to this order, it would be relevant to note the following facts.

4. The petitioner was initially dismissed from service on 27 February 1992. He assailed this order before the Tribunal which by its judgment dated 23 December 2016, allowed the claim and set aside the order of dismissal. While doing so, however, the Tribunal granted liberty to the respondents to proceed in the matter afresh and in light of the ob

















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