‘No work-no pay’ not applicable if govt employee reinstated after exoneration: HC

“It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service”, the court said.

The Allahabad High Court has observed that the ‘no work-no pay’ principle was not applicable to UP Government employees who were reinstated after full exoneration.

(For representation)

Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that Rule 54 of the Financial Hand Book Volume-II (Part II to IV) provided that a dismissed employee who had been exonerated from all charges was entitled to full pay for the period of dismissal once he was reinstated. It further provided that such a period of dismissal shall be treated as a period in service, on duty, he added.

“It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service”, the court added.

The court held that the quantum of amount payable to such employees would depend on the nature of exoneration from the charges. It was held that the only situation in which pay to such an employee could be denied was if he was in employment for the period he was out of service and was earning more or equivalent to the amount he was entitled to.

The petitioner was a follower with the Uttar Pradesh Police. Disciplinary proceedings were instituted against the petitioner under Rule 14 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991 wherein chargesheet was issued against him alleging unauthorized leave of two days and hunger strike affecting the reputation of police force.

In the inquiry, the petitioner was held guilty of all charges levelled against him. A show cause notice was issued to the petitioner, and subsequently he was dismissed from service. The petitioner filed an appeal against the termination order. The appellate authority exonerated the petitioner of charges leveled against him and he was consequently reinstated in service.

Thereafter, a show cause notice was issued to the petitioner under Rule 73 of the Financial Handbook Volume-II Part II to IV as to why his services for the period the petitioner was out of service i.e., between January 9, 2020 to September 29, 2020, be not regularized without payment of salary on the principle of ‘no work no pay’. The said period was the period between his termination and the order of the appellate authority.

Hence, the petitioner challenged the said order before the high court. The court, in its decision dated July 16, allowed the writ petition and directed the registrar (compliance) to send a copy of this order to SP, Deoria for compliance.