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MANOJ KUMAR GUPTA, SYED QAMAR HASAN RIZVI
State of U. P. – Appellant
Versus
Braham Kumar Saxena – Respondent
JUDGMENT :
Syed Qamar Hasan Rizvi, J.
Order on Delay Condonation Application
For the reasons stated in the affidavit in support of the application for condonation of delay, as the same constitutes sufficient cause for condonation of delay in filing the instant special appeal, the delay condonation application is allowed. Delay is condoned, Special Appeal is treated to have been filed within time.
Order on Special Appeal (Defective)
2. We have heard Sri Rajeev Singh, learned Standing Counsel for the appellant-state and Sri Sanjeev Singh, learned counsel for the respondent No. 1.
3. The present special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, arises from the judgment and order dated 12.5.2022 passed by the learned Single Judge in Writ-A No. 10912 of 2018 (Brahm Kumar Saxena v. State of U.P. and others), whereby the writ petition filed by respondent No. 1 was allowed. The relevant extract of the order dated 12.5.2022 is as under:
An employee unlawfully deprived of salary is entitled to interest on delayed payments, overriding the 'No Work No Pay' principle.
Post-retirement withdrawal of appointment approval is illegal; retiral benefits are entitled to timely payment with interest on delays.
The court emphasized that willful disobedience of its orders constitutes contempt, and the principle of 'no work no pay' cannot override established rights under judicial directives.
Claims for salary arrears are subject to delay and laches, while continuing wrongs may allow for relief despite delay, provided they do not unsettle settled rights.
Inordinate delay in filing claims impedes equity and requires reasonable justification, which was not established in this case.
Claims for salary arrears must be timely; however, recurring claims may be exempt from strict limitation rules.
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