JUDGMENT

ANIL KSHETARPAL, J.:

1. The present Petition, preferred by the Petitioner, assails the correctness of the order dated 09.08.2024 [hereinafter referred to as the „Impugned Order‟] passed by the Armed Forces Tribunal, Principal Bench, New Delhi [hereinafter referred to as „AFT‟] in O.A. No. 404/2016, whereby the Original Application filed by the Petitioner seeking grant of back wages for the period from 04.12.2001 to 04.03.2013 has been dismissed. The Petitioner further assails the order dated 13.09.2012, as modified by corrigendum dated 15.02.2013, as well as the order dated 16.11.2015 passed by the Central Government, to the limited extent they deny him back wages for the aforesaid period.

2. The issue which arises for consideration in the present Petition is as to whether the Petitioner, whose conviction in the General Court Martial has attained finality but whose sentence was subsequently commuted resulting in his reinstatement in service, is entitled to back wages for the period during which he admittedly did not render service.

FACTUAL MATRIX:

3. In order to appreciate the controversy involved in the present Petition, the relevant facts, in brief, are required to be noticed.

4. The Petitioner was commissioned in the Indian Army on 15.12.1984 in the Corps of Engineers. While serving as Garrison Engineer (Project) at Agra, disciplinary proceedings were initiated against him, which culminated in his trial by a General Court Martial under the provisions of the Army Act, 1950 [hereinafter referred to as „the Act‟].

5. The proceedings before the General Court Martial commenced on 28.02.2001 and concluded on 12.04.2001, whereby the Petitioner was found guilty of the charges levelled against him and was sentenced to be cashiered from service and to undergo rigorous imprisonment for a period of one year. Upon confirmation of the findings and sentence by the competent authority, the unexpired portion of the sentence of rigorous imprisonment was remitted; however, the punishment of cashiering was allowed to take effect with effect from 04.12.2001. A statutory petition preferred by the Petitioner under Section 164(2) of the Act came to be rejected by the Central Government on 08.08.2003.

6. Aggrieved by the findings and sentence recorded by the General Court Martial, as well as the rejection of his statutory petition, the Petitioner initially approached this Court by way of W.P.(C) No. 772/2004. Upon constitution of the AFT, the said writ petition stood transferred and was registered as T.A. No. 503/2009 before the AFT. The AFT, after considering the matter, vide judgment dated 02.05.2011, partly allowed the Transferred Application, however, only to the limited extent of the quantum of sentence, and remitted the matter to the Respondents for reconsideration of the sentence in light of the mitigating circumstances noticed therein. It is material to note that the findings of guilt recorded by the General Court Martial were not interfered with and, thus, attained finality. The Petitioner did not assail the correctness of the AFT judgment dated 02.05.2011.

7. Pursuant to the aforesaid judgment dated 02.05.2011 passed by the AFT, the matter was reconsidered by the Central Government, which, vide order dated 13.09.2012, in exercise of powers under Section 163(2) read with Section 179 of the Act, commuted the sentence awarded to the Petitioner. The punishment of cashiering was substituted with the directions that the Petitioner shall take rank and precedence as if his appointment as substantive Major bore date 25.12.1996 and that he be severely reprimanded. The said order, however, specifically provided that the Petitioner shall not be entitled to back wages on the principle of “no work no pay”. Thereafter, by a subsequent corrigendum dated 15.02.2013, the Petitioner was directed to be reinstated in service, albeit without grant of back wages for the intervening period.

8. Pursuant to the aforesaid corrigendum dated 15.02.2013, the Petitioner