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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Subodh Abhyankar
Satyanarayan Sharma – Appellant
Versus
Director General Central Reserve Police Force – Respondent
| Table of Content |
|---|
| 1. petitioner's absence and prior conviction impact service benefits. (Para 1 , 2 , 3) |
| 2. arguments regarding the legality of the petitioner's dismissal. (Para 4 , 5 , 6) |
| 3. court's analysis of service benefits under the probation of offenders act. (Para 8 , 9 , 11) |
| 4. distinction made between this case and precedents set in prior judgments. (Para 12 , 13) |
ORDER :
Subodh Abhyankar, J.
1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:-
“It is, therefore, prayed that the petition be allowed with cost and an appropriate writ, order or direction be issued for quashing that part of the impugned order dated 08/02/2013 (Annexure P/6) by which the respondents had denied the back wages to the petitioner w.e.f. 16/12/1993 to 28/10/2012 and has further directed that this period shall not be counted as qualifying service for any purpose. That the respondents be further directed to pay back wages to the petitioner e.w.f. 16/12/1993 and this period be counted towards the payment of pension etc.
Any other relief which this Hon’ble Court may deem fit may also be granted in favour of the petitioner.”
2. The pe
The principle of 'No Work No Pay' applies, denying back wages for periods of unauthorized absence despite reinstate post-conviction.
An employee acquitted of criminal charges is not automatically entitled to salary or benefits for the suspension period unless explicitly provided by the reinstatement terms. (Sections 10(1)(b)(i) an....
The main legal point established in the judgment is that periods of absence due to incarceration should be considered for seniority and pensionary benefits, and the Industrial Disputes Act, specifica....
The 'no work no pay' rule does not apply when the employee is kept away from work due to the illegal and arbitrary actions of the department. In such cases, the employee is entitled to benefits for t....
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 ....
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
The competent authority's discretion in determining pay and allowances for reinstated employees and the denial of back wages must be in line with the relevant rules and regulations.
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
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