Disposed

Smt Sheela v. Shri Girraj Singh Kushwah and Others

Rajasthan HC10 Sept 2015CCP/44/2015

Case brief

AI extract

What is this about?

In a contempt petition under Section 12 of the Contempt of Courts Act, 1971, the Court examined whether the 'no work no pay' principle applied to a petitioner receiving honorarium. The Court held that honorarium recipients are not regular state employees and must apply 'no work no pay.' It ordered payment from the date of reinstatement and dismissed the complaint as no further action was needed af

What did the court decide?

The petitioner shall be paid honorarium from the date of reinstatement. As payment from the date of joining had been made, no further action is called for.

Smt Sheela Vs Shri Girraj Singh Kushwah and Others — Service and Employment | Rajasthan HC (2015)

¶1

¶2

In the High Court of Judicature for Rajasthan at Jaipur Bench Jaipur S.B. Civil Contempt Petition No.44 of 2015.

¶3

¶4

S.B. Civil Writ Petition No.67 of 2012 Sheela Vs. Shri Girraj Singh Kushwah & Others

¶5

Date of Order ::: 10.09.2015

¶6

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia

¶7

Mr. Nawal Singh Sikarwar, Counsel for the petitioner Mr. Anurag Shrama, A.A.G., for the respondents

¶8

¶9

In the instant contempt petition preferred under Sections 12 of the Contempt of Courts Act, 1971, a grievance has been made by the petitioner that the order dated 03.03.2014 passed by the learned Single Judge in S.B. Civil Writ Petition No.67/2012 has not been complied with.

¶10

Mr. Anurag Sharma, the learned Additional Advocate General appearing for the respondents, on instructions from Ms. Kusum Verma, District Education Officer, who is present in person before this Court, in pursuance of the order dated 12.08.2015, has submitted that “no work no pay” principle has to apply, even if consequential relief is to be granted.

¶11

It is further submitted by the learned counsel that the petitioner was not on regular pay scale, but was being only awarded honorarium under the Mid-day Meal Scheme.

¶12

¶13

After hearing the learned counsel appearing for the parties, this Court is of the view that anybody, who is given honorarium, is not regular employee of the State Government and, hence, “no work no pay” principle has to apply and for the period which the petitioner has not worked, she is not entitled to payment of honorarium. Hence, it is ordered that from the date of reinstatement, the petitioner will be paid honorarium till date.

¶14

Ms. Kusum Verma, District Education Officer, present in person, has submitted that the petitioner joined on 20.03.2015 and is working till today and the payment of honorarium from the date she joined till date has been paid. Hence, no action is called for.

¶15

In view of above, present contempt petition stands

¶16

disposed of.

¶17

[Kanwaljit Singh Ahluwalia] J.

¶18

ashok/Certificate - All corrections have been incorporated in the judgment/order being emailed. Ashok Kumar Songara/Sr.P.A.cum J.W.

Smt Sheela v. Shri Girraj Singh Kushwah and Others

Case brief

What is this about?

What did the court decide?

Smt Sheela v. Shri Girraj Singh Kushwah and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pooran Vs Vijay Singh and Ors.

Ramesh Devnani Vs Ing Vysya Bank Ltd. andORS

Bablu Vs State of Rajasthan through Pp

Prakash Singh Chouhan Vs State of Rajasthan through Pp

Mohammad Faiz Vs State of Rajasthan through Pp

Smt Rama Bai Vs Ramesh Chand