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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Adilabad Municipality – Appellant
Versus
Hari – Respondent
JUDGMENT :
This Writ Appeal is directed against the order dated 10.07.2025 passed by the learned Single Judge in W.P.No.43517 of 2016, whereby the writ petition filed by respondent No. 1 (hereinafter referred to as ‘writ petitioner’) was allowed and the appellant-Municipality was directed to pay all retirement benefits along with salary from 28.04.2006 till the date of superannuation, with interest at 12% per annum.
2. Heard Sri Ramesh Chilla, learned counsel for the appellant and Sri K.Rama Subba Rao, learned counsel for respondent No.1 and perused the material on record.
Factual background (in brief)
3. The writ petitioner was appointed as a Public Health Worker (originally appointed as Scavenger) in the Adilabad Municipality on 01.08.1977. It is the case of the appellant- Municipality that the writ petitioner remained unauthorisedly absent from duty with effect from 29.07.2004. In that regard, a charge memo dated 28.04.2006 was issued initiating disciplinary proceedings. Though the writ petitioner was permitted to rejoin duty on humanitarian grounds on 26.05.2006, pending conclusion of the disciplinary proceedings, the writ petitioner failed to report for duty. It is noted that a se
Prolonged unauthorized absence from service results in salary forfeiture beyond three years prior to filing a writ petition, while pensionary rights are preserved post-superannuation.
Pension and retiral benefits cannot be claimed for absent periods of service without active engagement or duty, affirming ‘No Work, No Pay’ principle.
The 'no work, no pay' principle should be applied in service jurisprudence, and retrospective punishment orders are not in accordance with the law.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
The court emphasized the shockingly disproportionate nature of the punishment of removal from service in the context of the respondent's prolonged absence due to mental illness, highlighting the need....
Pensionary benefits can be denied for periods of unauthorized absence under applicable rules, and prior decisions concerning the same parties bar relitigation under res judicata principles.
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