MANGEY RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was in jail on account of pendency of criminal trial against him from 3/12/2009 to 26/12/2022. The petitioner claims his arrears of salary for the aforesaid period of detention.

(2.) Admittedly, the petitioner did not discharge his duties from 3/12/2009 to 26/12/2022. The criminal case was not instituted at the behest of the respondent-board. The respondent-Board which is the employer of the petitioner did not create any hindrance nor prevented the petitioner from working on his post. No departmental proceedings were taken out against the petitioner by the respondent board/his employer in the instant case.

(3.) The question that arises for consideration is that whether the petitioner who was absent from duties for the aforesaid period of almost thirteen years and had rendered no work during the said period is entitled to backwages and arrears and whether the principle of "no work no pay" is liable to be relaxed in the instant case.