CHANDRA CHARU MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner has challenged the impugned G.O. dated 20.7.2001, 8.8.2001, 3.9.2001 and 20.12.2001 on the ground that they are ultra vires Article 14 of the Constitution. The petitioner has also prayed for a mandamus directing the respondent to fix the pension of the petitioner according to revised pay scale given by the fifth pay Commission.

(2.) The petitioner was appointed as Assistant Teacher in Government Model School on 4.1.1967 and was confirmed on 1.7.1971. He was provided selection Grade from 4.1.1983 and the pay scales were revised by the pay Commission in 1986 and 1996. The petitioner retired on 30.6.2001. By the impugned G.O. a teacher who was in service on 1.7.2001 is entitled to get the benefit of the revised pay scale from 1.1.1996.

(3.) Admittedly, the petitioner retired on 30.6.2001 and hence he was not governed by the said G.O. Learned counsel for the petitioner submitted that the cut of date i.e. 1.7.2001 is ultra vires Article 14 of the Constitution. We do not agree. Cut off dates have been upheld in several decisions of the Supreme Court e.g. All India Reserve Bank Retired Officers Association v. Union of India, J.T. 1991 (6) S.C. 400, State of Punjab v. J.L. Gupta, 2000 (3) S.C.C. 736, Multipurpose Health Workers Association v. State ofHaryana, 1996 (9) S.C.C. 133, discussed-Award modified accordingly with half of the back wages. Held- Para 5 Lastly, it has been submitted by the learned counsel for the petitioner that the workman concerned has not worked from the date of termination till the date of award. Therefore, on the basis of principle of 'No work No Pay', the labour court has definitely committed error in granting reinstatement with full back wages at the rate of Rs.600/- per month from the date of termination till the date of reinstatement. In my opinion, this argument deserves to be accepted. It is not disputed that the workman concerned had admittedly not worked during all these period and considering the interest of justice, the award of the labour court is modified to the extent that instead of payment of back wages at the rate of Rs. 600/- per month, the workman concerned is entitled for the back wages at the rate of Rs.300/- per month from the date of termination till the date of award.