Employees forced out of employment due to illegal actions of the employer are entitled to payment for the period of forced unemployment.

JUDGMENT :

1. Heard Shri Avneesh Tripathi, learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Shri Vikram Bahadur Singh, learned counsel for the respondent nos. 2, 3 and 5.

2. This petition has been filed praying for quashing of the order dated 20.2.2020 passed by respondent no.2, Secretary U.P. Basic Education Board, Allahabad to the extent it denied the arrears of salary to the petitioner and other benefits from 10.3.2008 to 29.10.2010.Further prayer has been made for direction to the respondent no.3, Basic Shiksha Adhikari, Fatehpur to make the payment of arrears of salary of the petitioner and consequential benefits for the aforesaid period. Finally direction for compliance of the order dated 16.3.2009 passed by the respondent no.2, has been sought regarding direction of payment of salary and other consequential benefits to the petitioner from 29.10.2020 to 9.5.2011.

3. The brief facts of the petition are that the petitioner was appointed as Assistant Teacher in aided primary School on 4.1.2006. She joined in Prathmik Vidhyalaya Naraicha, Vikas Kshetra Khaujha, District Fatehpur. On 15.9.2007 she was transferred to Prathmik Vidhyalaya, Nandapur (Akal) Vikas Kshetra-Khajuha where she joined on 3.10.2007. On 6.10.2007 she moved application for leave without pay from 6.10.2007 to 31.3.2008, which was accepted by respondent no.3 Basic Shiksha Adhikari, Fatehpur. However on 5.3.2008 the respondent no.3 suspended the petitioner on account of unauthorised absence since 6.10.2007, while she was on sanctioned leave without pay with approval of respondent no.3 himself. By the order dated 5.3.2008 petitioner was suspended from service and disciplinary proceedings were directed against her appointing one Smt.Ranjana Kureel as inquiry officer .During the period of suspension petitioner was attached to Block Resources Centre (B.R.C) Khajuha,Fatehpur where she reported her presence but her suspension allowance was not paid by respondent no.3 from 5.3.2008 to 10.5.2011.By the order dated 20.1.2010, the services of the petitioner were terminated by the respondent no.3 on the ground that she is absent from duty for the last three years without sanction of leave. Petitioner preferred representation before thee respondent no.2, Secretary U.P. Basic Education Board, Allahabad, which was allowed and the petitioner was directed to be reinstated in service by the order dated 29.10.2010. The termination order dated 20.1.2010 was set a side. However the respondent no.2 has held the petitioner disentitled to get salary for the period she has not worked. Respondent no.3 did not permitted the petitioner to work after order dated 29.10.2010 of the respondent no.2 and after seven months on 11.5.2011 she was permitted to join the Prathmik Vidhyalaya Nandapur, Vikas Kshetra Khajuha,District Fatehpur from where she was transferred to Lucknow on 11.7.2013 and she was permitted to join at Lucknow on 19.7.2013. On 3.8.2013 petitioner was posted at Prathmik Vidhyalaya Makdumpur, Vikas Khand Sarojninagar, Lucknow. Petitioner made a representation on 5.11.2016 to the respondent no.2 praying that her salary from 10.3.2008 to 10.5.2011 i.e., the period she was forcibly kept out of the employment may be directed to be paid to her. When no order was passed by the respondent no.2, she preferred Writ -A 22809 of 2018, challenging the orders dated 29.10.2010 and 9.5.2011, so far it denied the salary to the petitioner from 10.3.2008 to 10.5.2011 on the principle of no work no pay. The aforesaid writ petition is pending.

4. After filing of the aforesaid petition, respondent no.2, has passed the order dated 20.2.2020, whereby petitioner has been directed to be paid her salary and annual increments from 29.10.2010 to 9.5.2011 by the respondent no.2 on the ground that after order of respondent no.2 ,dated 29.10.2020 she was not permitted to join her service for seven months and hence seven months’ salary and other benefits have been directe