Salary during termination period is illegally stopped by the department on the basis of order of the court. I was illegally terminated from the service by the concerned authority on the false allegation of grave misconduct. When I challenged that order in the high court, the court quashed that order and directed me to reinstate with consequential benefits. Court did not mention anything about the back wages. Department said that there is no specific order about salary during the termination period. I am not entitled to receive a salary on the principle of no work no pay. Should I file a fresh writ petition?
Asked from: Uttar Pradesh
The Hon’ble High Court has ordered your reinstatement with all consequential service benefits. It is a well-established principle of law that salary is an integral part of service benefits. Based on the court's order, it is evident that you have been fully exonerated, as the termination order has been quashed, and your reinstatement has been directed with all important service benefits. Consequently, you are entitled to the salary for the period of your termination.
Salary during termination period
The phrase “reinstatement with all consequential service benefits” encompasses arrear of salary during termination period. Even though the court's order may not explicitly state salary payment for this period, the expression clearly implies that salary arrears are included.
Department is bound to pay arrears of salary
On these legal grounds the department is bound to pay the arrears of salary during the termination period. There was no fault on your side. The reasons for stopping payment are not maintainable.
Legal Grounds
- No Fault on Your Part
- The termination was executed without valid grounds and with mala fide intent.
- You were willing and able to work, but the department illegally prevented you from doing so.
- The illegality of the termination has been recognized and rectified by the High Court.
- Right to Livelihood
- Under Article 21 of the Constitution of India, the right to livelihood is a fundamental right and forms an integral part of personal liberty.
- No individual can be deprived of salary except through a procedure established by law. The termination order being illegal means that depriving you of your salary was also unlawful.
- Supreme Court Judgment on "No Work, No Pay"
- The Hon’ble Supreme Court, in Union of India v. K.V. Jankiraman [(1991) 4 SCC 109 : AIR 1991 SC 2010], held that the rule of "no work, no pay" does not apply in cases where an employee, though willing to work, is kept away from work by the authorities through no fault of their own.
- This is directly relevant to your case. The denial of work was due to the department's illegal act, not your choice or conduct. Therefore, you are entitled to receive salary of termination period.
Legal Remedy
You should not file a fresh writ petition instead of it you should file a contempt application (consult advocate). However, the court did not explicitly say about the salary for termination period but in the expression "reinstate with all consequential service benefits" includes the payment of arrear of salary.
The department's attempt to invoke the principle of "no work, no pay" is not applicable in your case. The termination order was quashed as illegal, and the High Court has directed your reinstatement with all consequential service benefits, which includes salary arrears for the termination period. You are entitled to these arrears, and the appropriate legal step is to file a contempt application to ensure compliance with the High Court's order.
