Rajasthan High Court Mandates Salary Payment for Wrongfully Retired Court Official
The Rajasthan High Court has issued a significant directive, ordering the state government to compensate a former Senior Reader of the District Court in Alwar with full salary and allowances for the period he was unjustly kept out of service. This decision follows the quashing of a compulsory retirement order that was later found to be baseless and illegal.
Details of the Legal Case and Court Proceedings
A single-judge bench presided over by Justice Praveer Bhatnagar delivered this ruling on February 9, while adjudicating a writ petition filed by K C Jain. Jain had been serving as a Senior Reader when he was forcibly retired on June 14, 2006. He promptly challenged this retirement order before the departmental appellate authority. During the lengthy pendency of his appeal, Jain reached the age of superannuation on July 31, 2010.
On August 18, 2014, the appellate authority finally set aside the compulsory retirement order, concluding that there was insufficient material to justify such a drastic action. However, in a controversial move, the authority denied Jain his salary and allowances for the intervening period from June 14, 2006, to July 31, 2010, citing the principle of "no work, no pay." This denial prompted Jain to escalate the matter to the high court for further legal recourse.
Legal Arguments and Judicial Reasoning
During the high court proceedings, Jain's legal counsel, Sunil Samdaria, presented a compelling argument. He asserted that once the retirement order was annulled, Jain was entitled to all consequential benefits, including back pay. Samdaria referenced Supreme Court rulings that clearly establish the "no work, no pay" principle cannot be applied in cases where an employee was prevented from working due to an illegal or wrongful order issued by the authorities.
The high court meticulously examined the case and noted that the appellate authority itself had found no adverse material in Jain's service record for the five years preceding his compulsory retirement. This lack of justification underscored the wrongful nature of his removal from service.
The court held that Jain was unjustly kept out of service, making the denial of his salary and allowances unsustainable under the law. Emphasizing the need for justice, the bench ruled that employees cannot be penalized for periods when they were prevented from working due to erroneous administrative actions.
Court Order and Implementation Timeline
In its final order, the Rajasthan High Court directed the respondents, including the state government, to pay Jain the full salary and allowances for the specified period from June 2006 to July 2010. The court set a strict deadline of three months for the compliance and execution of this payment order.
This ruling reinforces legal protections for government employees against arbitrary administrative decisions and ensures that wrongful actions do not deprive individuals of their rightful earnings. It serves as a precedent for similar cases where employees face unjust termination or compulsory retirement without proper cause.
