Grant Of Full Pay On Exoneration Provided In Law: No Work, No Play Not Applicable

Background

• The name of the case is Rajendra Sharma & Ors. vs. State of Chhattisgarh & Ors.
• The petitioner is a jail guard who was terminated from his services by competent authority.
• He then approached the appellate authority and he was reinstated in the service.
• The appellate authority however did not grant the full pay and allowances from the date of termination till reinstatement.
• He approached the Chhattisgarh High Court being aggrieved by the appellate authority’s decision to not grant the full pay and allowances.

Contentions of Appellant

• The counsel for the petitioner contended that full pay and allowances from date of termination to reinstatement must be granted to the petitioner according to Rule 54 (2) of Fundamental Rules.
• The counsel for the respondent contended that the decision of the appellate authority was taken after careful consideration of the facts and circumstances and he was not entitled to get the full pay and allowances based on the principle of No work, No pay.

Court Order

• The observed that the Fundamental Rules under Rule 54(2) entitle the government servant to get full pay and allowances in case of exoneration.
• The No Work, No Pay principle was based on Contract Law of Employment where the wages were paid considering the work done by the employee.
• The Court referred to the Supreme Court judgment in State of Bihar v. Kripa Nand Singh and Anr. where No work Yet Pay was held as an exception and would apply when there was a compulsion of the employee to not attend his duty without any fault on his part.
• The order of the appellate authority was set aside and remitted the matter back to the appellate authority for granting pay and allowances to the petitioner.

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