Consequential benefits

Querist : Anonymous (Querist) 04 April 2020 This query is : Resolved
Sir,
I was terminated by my Deptt. during probation without conducting any enquiry. I challenged the matter bin CAT & CAT Awarded the case in my favour with Reinstatement & all consequential benefits but without pay on NO WORK NO PAY basis. The Deptt. Challenged the case in High court against CAT decision. I also filed a cross writ for payment during the pendency of case in CAT. After 7 long years High court dismissed Department petition as well as my petition for back wages of payment during the pendency of case in CAT. Now I have been reinstated & my pay & seniority has been fixed notionally. I have granted my next promotion also. Now my query is that can I get my backwages from the date of CAT Decision till my reinstatement (as I challenged back wages
in High court denied by CAT during pendency in CAT ) Also clarify am I entitled to leave encashment during the pendency of case .l have also not been Granted MACP since I have completed 11 Years in my present Rank itself.

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Raj Kumar Makkad (Expert) 04 April 2020
No. You are not entitled as per the order passed by CAT and High Court. You were denied the back wages on the principle of No Work-No Wages, the meaning of which is that as and when you joined, you became entitled for the grant of the remuneration though you have rightly been granted the notional benefits. Similar is the case of leave encashment and all other benefits.

kavksatyanarayana (Expert) 04 April 2020
Yes. I agreed with the advise of senior expert Mr. Rajkumar Makkad ji.

Querist : Anonymous (Querist) 04 April 2020
Sir all my batch mates got promoted wef 01/04/2015 ,where as I got my promotion recently. Moreover the Deptt. is implementing CAT decision of May 2012. I was always willing to work but was denied by Deptt. by challenging in Highcourt so why not backwages.There was no enquiry no chargesheet etc.in my case. Also clarify about about Earned leave of these 10 years. My lawyer says that you were denied pay only & all other benefits should be granted to me.

Raj Kumar Makkad (Expert) 05 April 2020
Had high court provided stay order against the implementation of the order of CAT? If not then why didn't you join soon after the verdict of CAT and if denied then why had you not raised this issue before High Court?

I think that high court might have stayed the order of CAT hence there was no occasion for you to join at that time and thus as per the verdict of CAT endorsed by High Court, you are entitled for the grant of pay only after joining.

So far as benefits other than the pay are concerned, it is surely a debatable issue whether the leave encashment is a part of the regular pay or not, though, I am of the opinion that the same is concerned with the regular job means regular pay. Once a person is not working, the question of his leave or leave encashment do not arise.

Every case is having his own facts and merits. You cannot compare your case with those working regularly or constantly in your department.

Dr J C Vashista (Expert) 05 April 2020
Did you join your duty immediately on passing order by CAT ? Answer is "NO".
Therefore, you are not entitled for MACP as your seniority shall not be counted retrospectively since High Court did not agree for back-wages and decided against you for "NO WORK NO PAY", which has attained finality .ie., not been challenged by you.

Querist : Anonymous (Querist) 05 April 2020
In case I want to challange high court decision delivered on 28/02/2019 & implemented by deptt.on01/07/2019 by reinstating me, Do I need to file SLP in supreme court. How much delay is allowed for filling SLP in supreme court from the date of implementation of high court decision. The Honorable High court never disallowed arrears payment after CAT Judgement.

P. Venu (Expert) 05 April 2020
Yes, the crucial question is whether the Department had sought and the High Court had granted stay on the implementation of the CAT order. Even if stay had been granted, it need not be much consequence has since dismissed the petition filed by the Department.

As regards to leave encashment, the issue is premature at this stage. However, the facts posted suggest that you are entitled for credit of leave as your pay and seniority has been fixed notionally. Please verify your SB/Leave Account.

You are entitled for MACP.

Approaching the Supreme Court at this stage for back wages may not be of much avail.

Querist : Anonymous (Querist) 05 April 2020
Can I approach supreme court after my retirement still 3 years away. Will the case become time barred .

Rajendra K Goyal (Expert) 05 April 2020
Time for filing SLP in Supreme Court is 60 days / 90 days.

T. Kalaiselvan, Advocate (Expert) 07 April 2020
CAT has denied the payment of wages on the basis of no work no pay.
In fact the high court also confirmed the same hence any further appeal against it before supreme court also may not fetch you any relief and you may not be entitled for leave encashment also on the same lines.
Hence it is better that you dont waste your time, money and energy in the name of SLP before supreme court.