Calcutta High Court Reiterates the General Rule of No Pay for No Work

Excerpt

Non-grant of relief without any work, passed by the West Bengal Administrative Tribunal, got confirmed by the Calcutta High Court on 13th April. 

Facts

The Petitioner got second in merit for the selection process of Workshop Instructor but only the first candidate got the appointment. Yet, the appointed candidate failed to produce the requisite qualification certificate within the stipulated time. Thus, the cancellation of the first candidate’s appointment had to be given to the second. But the Petitioner got no appointment letter. The Petitioner challenged the same in W.P.ST 342 of 2003. The Court ordered the state to provide an appointment to the Petitioner. Hence, the Petitioner in January 2012, joined the post of Workshop Instructor in a Polytechnic Institute. The Petitioner then filed a contempt Petition which alleged to grant him liberty to avail his remedies for the time-barred period. But the Tribunal refused to grant any such relief. Thus, the aggrieved Petitioner filed the instant Petition against the Order passed by the West Bengal Administrative Tribunal in June 2018.

Arguments Advanced

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The Petitioner contended that he should get notional benefits for the period of his time-barred appointment since 2001. He further alleged the official respondents for the delay in complying with the Court’s order. 

Court’s Observations

The Bench of Hon’ble Justice Rajesh Bindal and Justice Aniruddha Roy acknowledged the conditional order passed by the Court in August 2008.  The Court remarked that the failure of the first candidate to submit the requisite qualification certificate would lead to the appointment of the Petitioner. But the Court denied the fact to grant any further benefits through the appropriate remedies to the Petitioner.  It was held that the Petitioner got no liberty to avail benefit instead of the first candidate who was to get them. Also, the grant of conditional relief by the petitioner for a period of about 11 years without any work, got time-barred. The Court held the Petitioner to be unreasonable to demand such claims. Thus, the Court confirmed the decision of the Tribunal, not to grant any relief prayed for by the Petitioner

Judgment

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The Hon’ble Court reaffirmed the decision of the Tribunal and dismissed the instant Petition.

Click here to view the judgment.


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