'No work-no pay' not for employees reinstated after full exoneration: HC

The Allahabad High Court has held that the 'no work-no pay' formula is not applicable on those Uttar Pradesh government employees who have been reinstated after full exoneration.

Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that the rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges in enquiry is entitled to full pay for the period of dismissal once he is reinstated.

It further provides that such period of dismissal shall be treated as period on duty in service.

"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 on Tuesday, allowing the petition.

The court held that the quantum of amount which is payable to such employee will depend upon the nature of exoneration from the charges.

It was held that the only situation in which the pay to such employee can be denied is if he was in an employment for the period he was out of service, and was earning more or equivalent to the amount he is entitled to.

The petitioner was 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 where charge-sheet was issued against him alleging unauthorized leave of two days, hunger strike affecting the reputation of police force.

In an 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 levelled against 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 regularised 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.

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.