'No work-no pay' not for employees reinstated after full exoneration: HC

The Allahabad High Court has held that the 'no work-no pay' formula is not applicable on those Uttar Pradesh government employees who have been reinstated after full exoneration.

Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that the rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges in enquiry is entitled to full pay for the period of dismissal once he is reinstated.

It further provides that such period of dismissal shall be treated as period on duty in service.

"It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service," the court said on Tuesday, allowing the petition.

The court held that the quantum of amount which is payable to such employee will depend upon the nature of exoneration from the charges.

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