Facts: The petitioner, a teacher, was transferred from Zilla Parishad, Thane, to Zilla Parishad, Nanded, on 20.11.2014 and was relieved from his duties in Thane on the same date. However, Zilla Parishad, Nanded, did not allow him to join until 25.07.2019. The petitioner was denied salary for the period between his relieving date and actual joining date. The petitioner contended that the delay in joining was not attributable to him.
Procedural Posture: The petitioner challenged the orders of the Divisional Commissioner and the Chief Executive Officer, Zilla Parishad, Nanded, which denied him pay and allowances for the period he was not allowed to join. The petitioner filed a writ petition before the High Court of Bombay, Aurangabad Bench, after the Divisional Commissioner rejected his claim based on the principle of "no work, no pay."
Issue: Is the petitioner entitled to salary for the period between his relieving from Zilla Parishad, Thane, and his actual joining at Zilla Parishad, Nanded, when the delay in joining was not attributable to him?
Holding: Yes, the petitioner is entitled to salary for the said period. The writ petition is allowed.
Reasoning: The Court found that the petitioner was relieved pursuant to a No Objection Certificate and the delay in joining was due to Zilla Parishad, Nanded, not allowing him to join. The court relied on its previous decisions in similar cases (Writ Petition Nos.10433 of 2019, 10440 of 2019) where it held that employees cannot be penalized for delays caused by the authorities in inter-district transfers. The court emphasized that the petitioner was ready to join and the denial of salary for the period he was prevented from joining was unjustified. The court stated, "This amounts to penalising the petitioners for no fault of theirs." The principle of "no work, no pay" was deemed inapplicable as the petitioner's inability to work was due to the actions of Zilla Parishad, Nanded.