Court No. - 29
Case :- WRIT - A No. - 6794 of 2019 Petitioner :- State Of U.P. And 3 Others Respondent :- State Public Service Tribunal, U.P. And Another Counsel for Petitioner :- Pranav Ojha
Hon'ble Pankaj Mithal,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the parties.
Respondent no.2 Safai Karmachari was dismissed from service. The appellate authority set aside the order of dismissal dated 10.8.2012 and directed for reinstatement but did not approve for payment of wages for the period of absence. The matter was taken to the tribunal and the tribunal by the impugned order has modified the order of the appellate authority and has permitted the payment of back-wages from 18.8.2012 to 12.6.2013 to respondent no. 2 with continuity in service.
In challenging the order of the tribunal the submission of Sri Pranav Ojha, learned counsel appearing for the State of U.P., is that on the principle of no work no pay the respondent no. 2 is not entitled for the wages for the period he had not worked.
The above principle is applicable where the employee concerned has failed to discharge his duties voluntarily or of his own volition but not where he has been illegally restrained from discharging the functions more particularly when he was always ready and willing to work.
The tribunal in allowing the back wages categorically recorded that respondent no. 2 was illegally prevented from work as the order of dismissal was patiently illegal.
In view of the aforesaid facts and circumstances, we find no merit in the petition and the same is dismissed.
Order Date :- 30.4.2019 SKS