After 30-Year Legal Battle, Patna High Court Awards Full Back Wages To Illegally Terminated Govt Employee

The Patna High Court has ruled in favor of a government employee who was terminated in 1995, directing the state to pay full back wages upon his reinstatement. The Court categorically held that the principle of 'no work no pay' does not apply when the termination itself was illegal. This decision brings closure to the petitioner's nearly three-decade-long legal struggle for rightful dues and reaffirms the judiciary's commitment to procedural fairness and employee rights.BackgroundThe petitioner was deputed as an Arm Guard in the village of Paharpur, in the Aurangabad district. A departmental proceeding was conducted against him due to his unauthorized absence. The enquiry officer submitted the report on finding the petitioner to be guilty of unauthorised absence; however, not find the petitioner guilty of having illicit relations. His appeal (1995) and memorials (1997) were rejected. He was later reinstated, but denied financial benefits for the period of dismissal (1995–2011). The present petition seeks arrears of salary and allowances for the period of wrongful discharge, challenging the denial of wages.Court RulingThe Patna High Court, in a bench headed by Hon'ble Mr. Justice Partha Sarthy, held that the petitioner is entitled to full back wages from April 26, 1995, to April 2, 2011. And directed the respondents to pay arrears of salary within 3 months from receipt of the order.The court relied on various precedents. It includes Deepali Gundu Surwase v. Kranti Junior Adhyapak Mahavidyalaya (2013) 10 SCC 324, in which it was held that in cases of wrongful termination, courts are justified in granting full back wages. The judgment by the Supreme Court says that “38.5. The cases in which the competent court or tribunal finds that the employer has acted in gross violation of the statutory provisions and/or the principles of natural justice or is guilty of victimising the employee or workman, then the court or tribunal concerned will be fully justified in directing payment of full back wages.”In the case of Punjab National Bank v. Kunj Bihari Mishra (1998) 7 SCC 84, it was established that disciplinary authority must give reasons when disagreeing with the enquiry officer's findings.The High Court concluded that since the discharge order was quashed for violation of law and natural justice, the petitioner's case falls squarely within the Deepali Gundu Surwase principle. He is entitled to full back wages for the entire period of wrongful discharge (1995–2011) after years of legal battle.Case title: Anil Kumar Singh v. The State of Bihar and OrsCase No: Civil Writ Jurisdiction Case No.13272 of 2013Counsel for the Petitioners: Mr. Binod Bihari Sinha, Advocate, Mr. Ajay Dutt Mishra, Advocate, Mr. Amarjeet Choudhary, Advocate Counsel for the Respondents: Mr. Sunil Kr. Mandal, SC-3, Mr. Bipin Kumar, AC to SC-3Click Here To Read/Download Order

After 30-Year Legal Battle, Patna High Court Awards Full Back Wages To Illegally Terminated Govt Employee

Rizmi Lia

Tags