Government servants, dismissed from service on being convicted by trial courts in criminal cases, are entitled not only to reinstatement in service but also back wages from the date of dismissal if an appellate court sets aside their conviction, the Madras High court Bench here has held.
Justice R. Mahadevan passed the ruling while allowing a writ petition filed by a government high school teacher. Rejecting application of “no work, no pay” principle in such cases, the judge said it was not fair to deny wages to an employee who was actually prevented from working though he was willing to work.
He said the petitioner, A. Rajagopal, was convicted by a Sessions Court here on May 6, 2002 in connection with the suicide of his wife on July 15, 1997 when he was serving as a B.T. Assistant in a school at M. Kallupatti near here. The court sentenced him to five-year rigorous imprisonment.
On September 23, 2003, the Joint Director of School Education passed an order removing him from service on the sole ground that he had been convicted in the criminal case. Meanwhile, the teacher preferred an appeal against his conviction and the High Court acquitted him of all charges on August 14, 2008.
Then he urged the school education authorities to reinstate him in service. But there was no reply. Hence, he filed a writ petition in 2008 and obtained favourable orders. In compliance with the court order, the Joint Director reinstated him in service from February 17, 2009.
However, the petitioner was denied back wages from the date of his dismissal till the date of reinstatement and hence the present writ petition. Mr. Justice Mahadevan directed the officials to disburse the amount to the petitioner within four weeks.