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Vijay Kumar Agarwal v. Union of India & Anr.

Special Leave Petition (Civil) · Neutral citation not assigned (Special Leave Petition (Civil) No. 6393 of 2012)Decided 6 Oct 2015
Special Leave Petition (Civil) No. 6393 of 2012
Justice A.K. Sikri · Justice Rohinton Fali Nariman

Background

The petitioner, an IAS officer of the Maharashtra cadre, was suspended in 1988 and remained in litigation for decades over his service. In 1996 the government revoked his suspension and directed him to take charge of a post, but he did not join, insisting that the revocation was defective and that he should get full salary from June 1996. The Central Administrative Tribunal had already refused him salary for that later period in 2003, and he had not challenged that part of the order.

Decision Breakdown

The Supreme Court dismissed the special leave petition at the threshold without issuing notice. It held that the revocation of suspension was valid, and that the petitioner's refusal to join duty was his own choice. It noted that he had already been paid the full salary for the period of suspension, so his grievance about that was moot. The Tribunal's refusal of salary for the period after June 1996 had become final because it was never challenged, and the "no work, no pay" principle applied because he never worked.

Lesson Learnt

Refusing to take up an order to report for duty can cost a government employee his salary, even if he disputes the posting. An order that is not challenged within the time allowed becomes final and cannot be reopened later through repeated litigation.

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

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