Case Note & Summary
The petitioner, Rekhaben Ganeshbhai Parmar, was appointed as Vidya Sahayak on 23.09.2002 after due selection. She belongs to the Scheduled Caste and possesses requisite qualifications. She joined service with respondent No. 5-School. The petitioner suffered from illness and remained absent from duty from 15.04.2006 to 03.05.2019. During this period, she was unable to work due to medical reasons. The respondents passed an order dated 18.07.2019, which granted certain benefits but denied salary for the period of absence, invoking the 'no work no pay' principle. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking quashing of the order qua denial of salary and direction to pay actual salary for the period with interest. The court heard the parties and considered the affidavit of the petitioner stating she was unemployed during the period. The court held that the 'no work no pay' principle does not apply when absence is due to illness and the employee is willing to work but unable. The court allowed the petition, quashed the order dated 18.07.2019 to the extent it denied salary, and directed the respondents to pay the petitioner's salary for the period from 15.04.2006 to 03.05.2019 within eight weeks.
Headnote
A) Service Law - Salary for Illness Absence - No Work No Pay Principle - The court considered whether the 'no work no pay' principle applies when absence is due to medical reasons and the employee is willing to work but unable due to illness. The court held that the principle does not apply in such cases, and the petitioner is entitled to salary for the period of illness absence. (Paras 5-10) B) Constitutional Law - Writ of Mandamus - Article 226 of Constitution of India - The court issued a writ of mandamus directing the respondents to pay the petitioner's salary for the period from 15.04.2006 to 03.05.2019, quashing the order dated 18.07.2019 to the extent it denied salary. (Paras 4, 11)
Issue of Consideration
Whether the petitioner is entitled to salary for the period of absence due to illness from 15.04.2006 to 03.05.2019, despite the 'no work no pay' principle.
Final Decision
The court allowed the writ petition, quashed the order dated 18.07.2019 to the extent it denied salary, and directed the respondents to pay the petitioner's salary for the period from 15.04.2006 to 03.05.2019 within eight weeks.
Law Points
- No work no pay principle
- Salary for illness absence
- Article 226 of Constitution of India
- Writ of mandamus
- Natural justice
