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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Vikram D. Chauhan,J.
Abdul Wahab – Appellant
Versus
State Of Up – Respondent
1. Heard Sri J.P. Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. It is submitted by learned counsel for the petitioner that the petitioner was appointed as a Clerk in the respondent-institution and the approval was granted by the District Inspector of Schools on 28.5.1994. The petitioner joined the institution on 30.5.1994 after issuance of appointment letter. The petitioner was however, no paid salary and thereafter, on 7.6.1994 the District Inspector of Schools passed an order suspending the operation of the order dated 28.5.1994 granting approval to the appointment of the petitioner. Against the aforesaid order dated 7.6.1994, the petitioner filed Writ Petition No.24031 of 1994. In the meantime, an order was passed directing payment of salary to another employee Suhail Alam Numani on 7.6.1997, who was also selected along with the petitioner on the ground that he was selected on the post held by the petitioner. The aforesaid order dated 7.6.1997 was subject matter of challenge by the petitioner in Writ Petition No.20339 of 1997 wherein an interim order was granted on 23.6.1997 staying the effect and operation of the order dated
The principle of 'no work no pay' does not apply when an employee is prevented from working by the employer's unjust actions, especially after judicial reinstatement.
The principle of 'No Work, No Pay' cannot be invoked when an employee is willing to work but is kept out due to the actions of the employer, which were ultimately declared illegal by judicial orders.
The principle of 'no work, no pay' cannot be invoked when an employee is unlawfully prevented from discharging their duties, affirming the entitlement to pay during such periods.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
Court emphasized compliance with prior mandates for salary disbursement, clarifying that appointment in non-sanctioned posts does not eliminate rights established by previous rulings.
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