(Ashutosh Kumar, CJ)

We have heard Mr. H. Gupta, learned Central Government Counsel, for the petitioners/Union of India & Others, and Mr. S. Choudhury, learned counsel for the sole respondent.

The challenge in this writ petition is to the order of the Central Administrative Tribunal, Guwahati Bench (hereinafter referred to as “Tribunal) dated 04.06.2024, passed in O.A. No. 222/2020, directing the petitioners to pay the salary of the respondent, during which period his transfer order had remained ineffective because of the stay granted by the Tribunal.

The respondent serves under the Department of Posts, where he had joined sometimes in the year 1997 and, after his promotion, was posted in Cachar Division of the Department.

In the year 2020, in view of an allegation of misconduct, he was suspended and charges were framed against him for departmental inquiry. However, later his suspension was revoked on September 29, 2020 after which he was transferred to the Darrang Division, so that proper disciplinary proceeding could be carried out at Cachar, where his presence might have complicated the matters because of his seniority in the service.

Immediately after issuance of the transfer order, an order also was issued on November 1, 2020 relieving the respondent from Cachar.

It appears from the records that the respondent applied for medical leave from October 5, 2020 but it was denied and he was specifically instructed to join his duty at Darrang. However, the respondent chose to prefer an original application before the Tribunal, being O.A. No. 222/2020, challenging his transfer to Darrang on the grounds of his son’s Class-XII examination being round the corner; his incomplete station tenure and also his wife remaining posted at Cachar under the same department.

The Tribunal granted an interim stay on the transfer and release orders, on October 16, 2020. Though an effort was made by the petitioners through M.A. 26/2021 to get the stay on the transfer order vacated, but the said application remained pending for orders.

It appears that, in the meantime, the application filed by the respondent for grant of leave was allowed and the respondent was paid his salary up to December, 2020 by the Darrang Division of the department. However, from January 2021 onwards, the petitioners claim, the respondent neither joined his duty nor applied for leave. Precisely for this reason, the department, applying the principle of “no work no pay”, refused to pay the salary of the respondent.

The respondent filed a Contempt Petition No. 10/2021 before the Tribunal alleging violation of the stay order as, in the meantime, another person had been posted in his place. He also filed a separate O.A. No. 14/2023 to get the “No Pay” letter issued to him set aside and for payment of the arrear salary from January, 2021 with 12% interest thereon.

The case of the department is that despite all efforts made for getting the stay order vacated, nothing moved forward except for a direction from this Court to the Tribunal to dispose of the Misc. Application (M.A. 26/2021) filed by the petitioners seeking the stay of the transfer order vacated, within a specific period of time. Ultimately, the Tribunal dismissed the M.A. 26/2021, thereby keeping the stay order intact.

During the pendency of the application before the Tribunal, the respondent had requested the department for his posting at a nearby place, which was granted and he was posted at Silchar against a vacant position, but that transfer was also made subject to the final outcome of the proceedings before the Tribunal.

Despite the request of the respondent for his transfer to a neighbouring place having been accepted, he was not allowed to join the duty. In the meantime, because of the respondent’s voluntary acceptance of his transfer to Silchar, the O.A. No. 222/2023, pending before the Tribunal, became infructuo