An employee prevented from working without fault retains entitlement to salary; principles of 'No Work No Pay' do not apply.

ORDER

Heard Shri Sunil, learned counsel for the applicant and Shri Mukesh Kumar, learned counsel for the respondents.

2. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following main relief(s):-

“i. This Hon'ble Tribunal may kindly be pleased to quash the order dated 17.09.2018 (as contained in Annexure No.-1 to this O.A.) passed by respondent no.2, in the interest of justice.

(ii) This Hon'ble Tribunal may kindly be pleased to direct the respondents to regularise the period w.e.f. 22.03.2016 to 22.08.2016 and release the salary for the aforesaid period to the applicant with 18% interest, in the interest of justice.”

3. The brief facts of the case, as stated in the Original Application, are that the applicant was appointed as Social Useful and Productive Work (S.U.P.W.) Teacher on 30.06.1990 by the competent authority and was posted at Jawahar Navodaya Vidyalaya, Sardhana, Meerut, U.P. since 1996.

3.1 Vide transfer order dated 16/17.03.2016, the applicant was transferred to Jawahar Navodaya Vidyalaya, Thobal, Manipur and was relieved on 21.03.2016. Aggrieved thereby, the applicant submitted representations on 23.03.2016, which remained undecided and thereafter approached this Tribunal by filing O.A. No. 330/00840/2016.

3.2 This Tribunal, vide order dated 14.07.2016, stayed the transfer and relieving orders. Pursuant thereto, the applicant reported for duty at Jawahar Navodaya Vidyalaya, Sardhana, Meerut.

3.3 The said stay order was challenged by the respondents before the High Court of Judicature at Allahabad by filing Writ Petition No.35104/2016. During pendency of the writ petition, the transfer order was reconsidered and modified from time to time and ultimately, vide order dated 11.08.2016, the applicant was transferred to Jawahar Navodaya Vidyalaya, Sirsa, Haryana. The writ petition was dismissed as infructuous on 17.08.2016.

3.4 In pursuance of the modified transfer order, the applicant was relieved on 20.08.2016, issued Last Pay Certificate on 22.08.2016 and he joined at Jawahar Navodaya Vidyalaya, Sirsa on 23.08.2016.

3.5 The applicant thereafter sought release of salary for the period from 22.03.2016 to 22.08.2016. The respondents, however, vide order dated 17.09.2018, denied salary for the period from 22.03.2016 to 02.08.2016 on the principle of “No Work No Pay,” while allowing salary only for part of the intervening period.

3.6 Aggrieved by denial of salary and non-regularisation of the aforesaid period, the applicant has filed the present Original Application.

4. In reply to the aforesaid Original Application, Counter Reply has been filed from the side of the respondents on 28.01.2021 wherein they have denied the claim of the applicants and stated that on 04.03.2016 a serious incident of student unrest occurred at Jawahar Navodaya Vidyalaya, Sardhana, Meerut, wherein junior students were assaulted by senior students during night hours. The applicant was the “Master on Duty” on the said date and was also an Associate House Master, but allegedly failed to intervene or report the incident in his duty report.

4.1 According to the respondents, preliminary enquiries were conducted by the Regional Office and a High-Level Committee constituted by the Headquarters of Navodaya Vidyalaya Samiti. The enquiry reports found lapses on the part of staff members, including the applicant and recommended administrative action.

4.2 In view of the gravity of the incident and on administrative grounds, several staff members including the Principal, Vice-Principal and the