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Ramesh Kumar v. Union of India & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 811 of 2007)Decided 31 Jul 2015
Civil Appeal No. 811 of 2007
Justice T.S. Thakur · Justice R. Banumathi

Background

The appellant, a Havildar in the Indian Army, was convicted by a Summary Court Martial and dismissed from service, but the Central Government later commuted this to a severe reprimand and reinstated him, while denying him pay and allowances for the period between dismissal and reinstatement. He was later promoted to Naib Subedar with retrospective seniority from 01.08.1997, but the Delhi High Court dismissed his writ petition seeking the higher pay and allowances for that promotional post for the intervening period.

Decision Breakdown

The Supreme Court held that the general principle of "no work no pay" is not an absolute rule and must be applied case by case, especially where the employer itself was at fault in denying the employee his due. Since the appellant had already been granted promotion to Naib Subedar with retrospective seniority from 01.08.1997 and his seniority was maintained alongside his batchmates, the Court held it would be unjust to deny him the higher pay and allowances of that promotional post for the period between 01.08.1997 and his actual promotion on 13.11.2000. It set aside the High Court's orders, allowed the appeal, and directed release of the arrears of pay and allowances within eight weeks.

Lesson Learnt

The "no work no pay" principle is not automatic: if an employee is later found entitled to retrospective seniority/promotion because of the employer's own fault, courts can still direct payment of the corresponding higher pay and allowances for the intervening period.

Official source (sci.gov.in)View Judgment (PDF)

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