IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta WPA 3938 of 2020 With CAN 1 of 2021 Ab. Sattar Versus The State of West Bengal and Others For the Petitioner : Mr. Bidhayak Lahiri, Adv.

Mr. Md. Kalam, Adv.

Ms. Bhaswati Lahiri, Adv.

For the K.M.C. : Mr. Alok Kr. Ghosh, Adv.

Mr. Swapan Kr. Debnath, Adv.

Heard on : 24.02.2025 Judgment on : 19.03.2025 Ajay Kumar Gupta, J:

1. By filing this Writ Petition, the petitioner has challenged the impugned order dated 11th January, 2020 passed by the Chief Manager (Personnel), Personnel Department, Kolkata Municipal Corporation, Kolkata.

2. By the said impugned order, the Chief Manager (Personnel) rejected the application/representation of the petitioner stating therein that the claim for payment of arrear salary could not be entertained on the principle of “No Work, No Pay”. It was stated that “No Work, No Pay” is the normal Rule, but, “No Work, Yet Pay” is the exception. The Rule of exception cannot be applied in the case of the petitioner, when he himself was at fault.

3. The said impugned order was passed by the Chief Manager (Personnel), Personnel Department in pursuant to di