The Allahabad High Court has ruled that the 'no work-no pay' principle does not apply to Uttar Pradesh government employees who have been reinstated following complete exoneration.

Granting a writ petition by Dinesh Prasad, Justice Salil Kumar Rai ruled that Rule 54 of the Financial Handbook Volume-II (Part II to IV) stipulates that a dismissed employee, fully exonerated from all charges in an inquiry, is entitled to full pay for the period of dismissal upon reinstatement.

The rule further states that the period of dismissal shall be considered as a 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 determined that the amount payable to such an employee will depend on the nature of their exoneration from the charges. It was also held that the only situation where pay can be denied is if the employee was employed during the period they were out of service and earned an amount equal to or greater than what they are entitled to.

The petitioner, a member of the Uttar Pradesh Police, faced disciplinary proceedings under Rule 14 of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991. He was issued a charge sheet alleging unauthorized leave for two days and a hunger strike that harmed the police force's reputation.

In an inquiry, the petitioner was found guilty of all charges, issued a show cause notice, and subsequently dismissed from service. He appealed the termination order, and the appellate authority exonerated him of the charges, leading to his reinstatement.

Following his reinstatement, a show cause notice was issued to the petitioner under Rule 73 of the Financial Handbook Volume-II Part II to IV, questioning why his services during the period out of service (January 9, 2020, to September 29, 2020) should not be regularized without salary payment based on the 'no work no pay' principle. This period covered the time from his termination to the appellate authority's order.

The petitioner challenged this order in the high court. In a decision dated July 16, the court allowed the writ petition and directed the registrar (compliance) to send a copy of the order to the SP, Deoria, for compliance.