The Patna High Court has directed the Bihar government to pay full back wages to a former Bihar Military Police employee whose dismissal was found to be illegal. The order concludes a dispute that began more than three decades ago.
Justice Partha Sarthy delivered the judgment while hearing a writ petition seeking payment of pending salary and allowances from the date of termination until reinstatement. The Court noted that the punishment order had been set aside earlier for violating principles laid down by the Supreme Court, including in the Punjab National Bank v Kunj Bihari Mishra and Yoginath Bagde rulings.
The petitioner, deputed as an Arm Guard in Aurangabad district, was subjected to a departmental inquiry in 1993 for alleged unauthorised absence. Though the inquiry officer held him guilty of absence, he did not support allegations of misconduct. The Commandant disagreed and issued a show cause notice before discharging him from service in 1995.
Following litigation, the petitioner was reinstated in 2011 but did not receive any financial benefits for the intervening period. His counsel argued that once the dismissal was quashed, he was entitled to full arrears. Reliance was placed on the Supreme Court judgment in Deepali Gundu Surwase v Kranti Junior Adhyapak Mahavidyalaya, which protects employees who were prevented from working due to illegal action.
The State argued that the punishment was struck down on technical grounds and that the principle of “no work no pay” should apply.
Rejecting the State’s stand, the Court held that the petitioner had been wrongfully kept out of service and therefore must receive complete back wages. It directed that arrears from April 26, 1995 to April 2, 2011 be paid within three months of receiving the order.
The case is titled Anil Kumar Singh v State of Bihar.
