Allahabad High Court Rules ‘No Work-No Pay’ Inapplicable to Fully Exonerated UP Government Employees

The Allahabad High Court has ruled that the ‘no work-no pay’ principle does not apply to Uttar Pradesh government employees who have been reinstated after being fully exonerated

Justice Salil Kumar Rai, while allowing a writ petition filed by Dinesh Prasad, emphasized that Rule 54 of the Financial Handbook Volume-II (Part II to IV) stipulates that a dismissed employee, who has been fully exonerated from all charges in an inquiry, is entitled to full pay for the period of dismissal upon reinstatement. The rule further states that the period of dismissal should be treated as a period of duty in service.

The court noted, “On reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service.”

The court clarified that the amount payable to such an employee depends on the nature of the exoneration. The only exception is if the employee was employed during the period of dismissal and earned an amount equivalent to or more than their entitled pay.

In this case, Dinesh Prasad, a member of the Uttar Pradesh Police, faced disciplinary proceedings under Rule 14 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules 1991. He was charged with unauthorized leave of two days and going on a hunger strike, which allegedly harmed the reputation of the police force. After being found guilty in an inquiry, Prasad received a show-cause notice and was subsequently dismissed from service.

Prasad appealed the termination order, and the appellate authority exonerated him of all charges, leading to his reinstatement. However, a show-cause notice was later issued under Rule 73 of the Financial Handbook Volume-II (Part II to IV) questioning why his service period from January 9, 2020, to September 29, 2020 (between his termination and reinstatement), should not be regularized without payment of salary under the ‘no work-no pay’ principle.

Challenging this order, Prasad approached the high court. In its decision dated July 16, the court allowed his writ petition and directed the registrar (compliance) to ensure a copy of the order was sent to the Superintendent of Police, Deoria, for implementation.

(With inputs from agency)