No Back Wages During Imprisonment Service Counts for Pension | HC

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  • Last Updated on 18 December, 2025

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no back wages during imprisonment pension

Case Details: Shivakar Singh vs. State of U.P. [2025] 181 taxmann.com 236 (HC-Allahabad)

Judiciary and Counsel Details

  • Ajay Bhanot, J.
  • Akash Khare & Hari Om for the Petitioner.
  • Abhishek Srivastava & Baleshwar Chaturvedi, C.S.C. for the Respondent.

Facts of the Case

In the instant case, a government employee was imprisoned from 23-1-2015 to 18-12-2018 after a criminal case was registered against him under section 13(1)(b) of the Prevention of Corruption Act.

During the said period, he did not discharge his duties. Criminal case was not instituted at the behest of the respondent–corporation (employer). The employer did not create any hindrance or prevent the petitioner from working, and no departmental proceedings were initiated against him.

Later, the petitioner claimed back wages and arrears for the said period. The Respondent refused to pay on the application of the principle of ‘no work no pay’.

It was noted that the principle of ‘no work no pay’ is a salutary principle of general application in service jurisprudence and is accepted only in rare instances, such as when an employer prevents an employee from discharging his duties or creates impediments in regard thereof.

High Court Held

The High Court held that since the petitioner was not kept from his duties by his employer, relaxation of the principle of ‘no work no pay’ could not be countenanced in the instant case. Further, the petitioner did not have any lawful entitlement to a period of back wages during the period of his imprisonment. However, the petitioner would be entitled to continuity in service for the aforesaid period for the purposes of pension.

List of Cases Reviewed

  • Raj Narain v. Union of India [2019] 4 taxmann.com 1893 (SC) (para 9)
  • Anil Kumar Singh v. State of U.P. 2024 (6) ADJ 223 (para 10) distinguished

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied