“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
PRAYAGRAJ: 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.
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.