Court No. - 29
Case :- WRIT - A No. - 13143 of 2019 Petitioner :- State Of U.P. And Another Respondent :- Yogesh Kumar And 2 Others Counsel for Petitioner :- Rudra Pratap Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri Rudra Pratap Singh, learned counsel for the petitioners.
The petitioners have filed this petition for the quashing of the judgement and order dated 24.10.2018 passed by the State Public Services Tribunal, Lucknow.
The Tribunal by the said order has set aside the order of the termination of the respondents and has directed for their reinstatement and for the payment of 50% salary for the period during which they have not worked on account of the said termination order.
The argument of learned counsel for the petitioners is that since respondents have not worked after passing of the termination order till their reinstatement, they are not entitled to any salary on the principle of no work no pay.
The argument is bereft of merit as the principle of no work no pay would be applicable only where a person fails to discharge his duties on his own will and not where he has been stopped from discharging of his duties due to the orders of the authorities.
This aspect of the matter has been considered by the Tribunal in paragraph 8 of the judgement and it has been held that the reason for the respondents for not working during the above period is because of the termination order which has been found to be illegal. The respondents never refused to discharge their duties at any point of time.
In view of aforesaid facts and circumstances, we find no merit in this petition and the same is dismissed.
Order Date :- 22.8.2019 Sattyarth