GOVERNMENT OF ANDHRA PRADESH Vs. D JAGDESWARA RAO

JUDGEMENT

(1.) HEARD.

(2.) WHEN the writ petition is taken up for consideration. Sri P. B. Vijay Kumar, learned counsel for the respondent submitted that the issue involved in this Writ Petition is squarely covered by the decision of this court in Writ position No. 19616 of 2003 dated 24-09-2008

(3.) IN Baldev Singh v. Union of India the appellant therein belonging to Indian Army was terminated from service because of the conviction and though acquitted in criminal case later, he was not in actual service for the period he was in custody. Tho authorities therein also stated that the claims and dues admissible will be settled after the government sanction is received. That was only an indication that only after the government sanction for regularization is received the claim will be settled and nowhere there was admission of the entitlement of the appellant therein. On excluding the said period the appellant therein since not rendered the requisite service of 15 years, it was held, that he was not entitled to pension. The Apex Court further held that mere acquittal of the employee concerned in criminal case would not automatically entitle him to the arrears of pay where he had not worked for the relevant period and that principle of no work and no pay applies. The relevant portion of the judgment reads as under: