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Prayagraj, July 18 (HS). The Allahabad High Court has said in an order that if the order of dismissal, removal or compulsory retirement of state government employees is cancelled and their service is restored, then the principle of no work no pay does not apply.
The court has said that the salary allowance can be denied only in that situation if the employee has worked somewhere while being out of service and has taken salary. But this is not the case of the government in the matter in question. The petitioner was not suspended while being out of service and there was no delay in the departmental inquiry. Everything happened on time as per the rules. The appeal against dismissal was accepted and he was acquitted and reinstated. In such a situation, the salary allowance for the period of being out of service cannot be denied.
The court has directed SP Deoria to pay the salary allowances to the petitioner for the period from 09 January 2020 to 29 September 2020 along with six percent interest within one month and pay the petitioner Rs 25,000 as compensation. This order has been given by Justice Salil Kumar Rai while accepting the petition of Dinesh Prasad.
The petitioner was a follower in the UP Police. Disciplinary proceedings were initiated against him under Rule 14 of the UP Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (Rules 1991) and he was served a charge sheet. The petitioner was alleged to have been absent from duty without informing the authorities and without any leave and went on a hunger strike and also refused to resume his mess duty, thereby adversely affecting the reputation of the police force. As a result, he was dismissed from service.
His appeal was accepted by the Deputy Inspector General of Police, Gorakhpur region and he was reinstated in service. But the Superintendent of Police directed that the petitioner will not be paid salary for the period during which he was out of service. The order of dismissal has been made on the principle of no work no pay. The court, while accepting the petition, cancelled the order of the Superintendent of Police dated 11 February 24. Along with this, he was also directed to pay his full salary and allowances for the said period, simple interest calculated at the rate of 6 percent per annum and the cost of the writ petition.