Petitioner dismissed from service challenged his dismissal orders. During pendency he was reinstated without back wages on no work no pay principle. The writ petition was dismissed as infructuous, with liberty to challenge denial of back wages.
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2024:CGHC:32059
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4129 of 2015
1 - Rakesh Yadav S/o Late B. R. Yadav Aged About 39 Years R/o Last Talapara Main Road P. S. Civil Line, Bilaspur Chhattisgarh
... Petitioner
versus
1 - State Of Chhattisgarh Through Secretary Department Of Home Mantralaya Naya Raipur, Chhattisgarh
2 - Director General Of Police, Police Headquarters Naya Raipur 492002 Chhattisgarh
3 - Additional Director General Of Police Bilaspur Range, Bilaspur 495001 Chhattisgarh
4 - Superintendent Of Police, Bilaspur Bilaspur Chhattisgarh
... Respondents
(Cause title taken from the Case Information System)
For Petitioner :- Ms. Rajni Soren, Advocate For State :- Mr. Amit Buxy, Panel Lawyer
SB - Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
22.08.2024
1. Heard.
2. In this writ petition, the petitioner has challenged orders dated 03.10.2013 (Annexure P/1) & 04.04.2014 (Annexure P/2) passed by the respondent authorities, by which the petitioner has been dismissed from service.
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3. Learned counsel for the petitioner submits that during the pendency of this writ petition, the petitioner has been reinstated in service vide order dated 16.08.2021, but no back wages have been given to him on the principle of no work no pay.
4. As such, the instant writ petition has become infructuous. However, the petitioner is at liberty to question the part of order dated 16.08.2021, whereby the petitioner has not been given back wages on the principle of no work no pay.
5. With the aforesaid observations and directions, the instant writ petition is dismissed having rendered infructuous, with the aforesaid liberty reserved in favour of the petitioner.
Sd/- (Sanjay K. Agrawal) Judge
@d!t!
1 issue framed by the court
Whether back wages on the no work no pay principle should be granted despite reinstatement during the pendency of the writ petition.
Rakesh Yadav
State Of Chhattisgarh
Director General Of Police, Police Headquarters Naya Raipur
Additional Director General Of Police Bilaspur Range, Bilaspur
Superintendent Of Police, Bilaspur
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
