RENU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since the writ application of the present appellant was dismissed by the learned Single Judge on 08.08.2014 refusing to give any direction upon the respondent authorities to pay her honorarium for the period she was removed till she was reinstated, the present intra-court appeal has been preferred.

(2.) The appellant was a panchayat teacher, who under certain controversial circumstances came to be removed. She fought her legal battle, managed to come back in the system and "reinstated" on the post of panchayat teacher but that did not satisfy her desire and demand for payment of her remuneration i.e. the honorarium between the period she was removed till she was reinstated.

(3.) Submission of the learned counsel representing the appellant is that the learned Single Judge had misapplied the law and the principle, by placing reliance on the decision of the Hon'ble Apex Court in the case of Union of India v. K.V. Jankiraman reported in AIR 1991 SC 2010, and applied the principle of "no work no pay" which has no applicability to the present set of facts. It is the case of the appellant that she was illegally prevented from working and it was not a case of voluntary refusing to work, therefore, the order of the learned Single Judge should be interfered with.