The main legal point established is that the 'no work no pay' principle does not apply when the employee is willing to work but is prevented from doing so by the authorities. The court also emphasized the importance of conducting a fact-finding inquiry and the timely release of retiral dues.

The petitioners have filed the present petition challenging the order dated 22-2-2014 passed by respondent No. 1 by which the respondent No. 1 has treated the period of service from 1-5-1983 to 31-8-1994 as without salary on the principle of “no work no pay” as well as the order dated 3-5-2014 (Annexure P-2) by which the respondent No. 6 has deducted the house rent from the provisional retiral dues of late Shri Krishna Kumar Lal.

2. Brief facts germane for the instant purpose is that Late Shri Krishna Kumar Lal after clearing the PSC Examination came to be appointed as Assistant Conservator of Forest, which after training of two years joined on 15-11-1960. However, on 8-4-1965, Shri Lal was removed from service, which in turn was successfully challenged before this Hon'ble Court by way of M.P. No. 490/1967 (vide order dated 22-8-1968). In the meanwhile, between the period of removal and the decision in the aforementioned writ petition, Late Shri Lal cracked the PSC Examination and came to be appointed on the post of Lecturer in the State of Madhya Pradesh vide order dated 23-9-1967. Although in pursuance to the order passed by this Hon'ble Court, Late Shri Lal was reinstated as Assistant Conservator of Forest on 5-12-1968; however, as by then, Late Shri Lal had already joined the Department of Higher Education, therefore, he relinquished his lien on the post of Assistant Conservator of Forest wherein he continue as such and was confirmed in the year 1974. At the relevant time, Late Shri Lal was working as Lecturer in the Government Digvijay College, Rajnandgaon and due to some misunderstanding with the Principal of the College, who became instrumental in getting Late Shri Lal transferred vide order dated 14-12-1982 to Government College, Ganj Basoda, District Vidisha which came to be resisted by late Shri Lal by way of representation dated 20-12-1982. However, as Principal was highly prejudiced, allegedly relieved late Shri Lal ex parte on 24-12-1982.

3. Late Shri Lal, however, continued at Government Digvijay College, Rajnandgaon and on 15-4-1983, the State Government issued an order and stayed his transfer till 30-4-1984; as consequence thereof Late Shri Lal continued on his post at Government Digvijay College, Rajnandgaon. Further explanations etc. were sought for by Late Shri Lal as also certain complaints were made against the then Principal as he was appointed illegally. However, the superior authorities took an adverse view of the matter and on 11-7-1983, explanation of Late Shri Lal was called, which makes it clear that even at that point of time, Late Shri Lal was working in the Government Digvijay College, Rajnandgaon as the communications were exchanged on that address. However, neither any disciplinary action was taken nor any further orders on transfer were issued by them. A telegraphic message was received to join at Ganj Basoda, District Vidisha on 15-2-1984. However, the said order was modified on 27-4-1984 which was communicated to Late Shri Lal on 14-8-1984 i.e. at his place of transfer was modified from Ganj Basoda to Government College, Dongargarh. All these communications were sent to the petitioner in his capacity as Assistant Professor at Government Digvijay College, Rajnandgaon. It is also pertinent to mention that further increments and order permitting crossing of efficiency bar was also passed during this period treating late Shri Lal's posting at Government Digvijay College, Rajnandgaon. Thus, late Shri Lal continue and so called ex parte relieving order dated 24-12-1984 lost its significance due to the subsequent Government orders there after no relieving order was passed. However, Late Shri Lal due to personal enmity with the then Principal was not allowed to function and despite the subsequent order, staying the earlier transfer order, modification of place of transfer etc. Late Shri Lal was treated as relieved at the local level by the Principal himself. Thus, without any formal relieving,