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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Mangey Ram – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(Ajay Bhanot, J.)
1. The petitioner was in jail on account of pendency of criminal trial against him from 03.12.2009 to 26.12.2022. The petitioner claims his arrears of salary for the aforesaid period of detention.
2. Admittedly, the petitioner did not discharge his duties from 03.12.2009 to 26.12.2022. The criminal case was not instituted at the behest of the respondent-board. The respondent-Board which is the employer of the petitioner did not create any hindrance nor prevented the petitioner from working on his post. No departmental proceedings were taken out against the petitioner by the respondent-board/his employer in the instant case.
3. The question that arises for consideration is that whether the petitioner who was absent from duties for the aforesaid period of almost thirteen years and had rendered no work during the said period is entitled to backwages and arrears and whether the principle of “no work no pay” is liable to be relaxed in the instant case.
4. The principle of “no work no pay” is a salutary principle of general application in service jurisprudence. The principle is excepted only in rare instances like in the event an employer prevents an employee from
The principle of 'no work no pay' applies, and backwages cannot be granted to an employee absent due to criminal proceedings not initiated by the employer.
The principle of 'no work no pay' applies in service jurisprudence, denying backwages to an employee absent due to imprisonment for a crime.
An employee absent due to personal misconduct cannot claim back wages under the principle of 'no work no pay', unless acquitted of charges impacting employment.
The principle of 'no work no pay' applies, denying backwages to an employee imprisoned for misconduct, as absence was not due to employer's action.
In cases where an employee is involved in a crime, subsequent acquittal does not automatically entitle them to backwages, especially if the 'no work no pay' principle applies.
An employee acquitted after suspension and reinstatement is entitled to back wages for the period of suspension and to seniority and consequential benefits, including promotion, at par with the last ....
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.
An employee who is suspended without any inquiry in contemplation and subsequently acquitted in a criminal case is entitled to salary for the period of suspension and may be entitled to back wages, a....
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