In a recent ruling, the Allahabad High Court declared that the principle of “no work, no pay” does not apply to State government employees. The bench in action clarified that this rule applies under Rules 54(2) and 54(4) in Uttar Pradesh.
The Court further stated that when employees are reinstated without need for further investigation, they should get their full pay and allowances for the period they were not working. The exact amount depends on whether Rule 54(2) or Rule 54(4) applies to their situation.
The case involved a UP Police Follower who had been dismissed after going on an unauthorised leave and subsequently refusing to resume duty, affecting the police force’s reputation. Though reinstated by the deputy inspector general of police, Gorakhpur region, the petitioner was initially denied pay for the period of dismissal based on the “no work, no pay” principle.
However, the Court ruled that the petitioner is entitled to full pay and allowances for the period he was out of service, as it should be treated as duty for all purposes. The Court also noted that there was no evidence that the petitioner was employed elsewhere during that period.
Consequently, the Court quashed the order denying his pay and directed the superintendent of police to compensate the petitioner with full pay and allowances, along with six per cent annual interest and the cost of the writ petition.
