VINOD KUMAR UPADHYAY Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition, under Article 226 of the Constitution of India, has been filed seeking the following reliefs:-

(2.) Learned counsel for the petitioner submits that initially, the petitioner was appointed for the post of Samvida Shala Shikshak on 27/10/2006. Thereafter, services of the petitioner was terminated by order dtd. 24/12/2010. Being aggrieved from the aforesaid order, petitioner has preferred a writ petition no.6594/2011 which was disposed of on 1/10/2011 with direction to Appellate Authority to decide the appeal and thereafter, CEO, Janpad Panchayat, Bhitarwar, District Gwalior in compliance of the aforesaid direction issued by High Court, decided the representation/appeal of petitioner vide order dtd. 28/12/2011 and set aside the earlier termination order dtd. 24/12/2010. It is further submitted that the services of the petitioner were terminated vide order dtd. 24/12/2010 and that order was set aside by the respondents themselves and therefore, petitioner is entitled to the salary from the period of 23/9/2011 to 28/12/2011. It was the fault of the respondents, and due to their mistake, the petitioner was prevented from performing his duties. Therefore, the petitioner is entitled to salary for the aforesaid period.

(3.) Per contra, learned counsel for the respondent/State submits that admittedly, the petitioner did not worked from the period of 23/9/2011 to 28/12/2011 and on the principle of "No Work No Pay", petitioner is not entitled for salary of the aforesaid period. It is further submitted that this petition was filed on 3/5/2016 after the delay of more than 5 years. He also relied upon the judgment of Division Bench of this Court dtd. 14/2/2025 passed in W.A.No.1702/2022 (Suresh Kumar Sharma Vs. State of M.P. and Ors.). On the aforesaid grounds, the petitioner is not entitled for salary from the period of 23/9/2011 to 28/12/2011.