HC Denies Back Wages to Reinstated Extension Lecturer

Case Details: Dr. Manoj Kumar vs. State of Haryana - [2025] 181 taxmann.com 595 (HC-Punjab And Haryana)

Judiciary and Counsel Details

• Sanjeev Prakash Sharma & Mrs Meenakshi I. MEHTA, JJ.
• Bhupinder Malik, Adv. for the Appellant.

Facts of the Case

In the instant case, the appellant had joined as an Extension Lecturer in the Government Girls College, Rewari. His services were dispensed with vide the order dated 11-1-2019. The committee conducted an enquiry constituted in view of sexual harassment charges as framed against him, and, thus, he was removed from his assignment as Extension Lecturer vide the order dated 5-8-2019.

The appellant preferred a writ petition before the High Court, and the Court set aside the termination order and directed the conduct of a de novo enquiry against the appellant with regard to the complaint of sexual harassment against him. A fresh enquiry was submitted after giving the appellant an opportunity to be heard, and he was exonerated of all charges. He was accordingly reinstated on 7-6-2024.

By another order dated 1-10-2024, he was denied back wages on the principle of ‘No Work No Pay’. He again preferred a Civil Writ Petition, which the Single Bench dismissed.

High Court Held

The High Court held that since the appointment of the appellant was purely based on the requirement of workload, it could not be said that during the intervening period there was a full workload available with the respondents and, thus, the appellant was not entitled to back wages.

List of Cases Referred to

• General Manager Operation Circle, Dakshin Haryana Bijli Nigam, Narnaul v. Mathura Dass Gupta 2012 (4) SCT 7 (para 8)
• Union Territory of Chandigarh v. Central Administrative Tribunal 2011 (1) SCT 777 (para 8)
• Housing Board Haryana Engineer v. Sh. S.B. Kumar, Asstt. Engineer 2012 (3) SCT 613 (para 8)
• JAIPUR VIDYUT VITRAN NIGAM LTD. v. NATHU RAM 2009 taxmann.com 1545/[2009] 123 FLR 1036 (SC) (para 9)
• UNION OF INDIA v. JAIPAL SINGH 2003 taxmann.com 4066/[2003] 99 FLR 1049 (SC) (para 13)
• RANCHHODJI CHATURJI THAKORE v. SUPERINTENDING ENGINEER, GUJARAT ELECTRICITY BOARD and another. [1997] 1996 taxmann.com 1668/91 FJR 53 (SC) (para 13).