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Supreme Court of India 2018-05-17 allowed

District Basic Education Officer Allahabad vs Sushila Jaiswal (D) through her Lrs. and Ors

Bench: 2 — Uday Umesh Lalit

In Brief

A primary school teacher in Uttar Pradesh was absent from duty for over eight years without authorization, initially on medical leave (2001–2002) and then without approved leave. When asked to explain the absence, she was terminated based on inability to perform teaching duties. A High Court ruled she was entitled to reinstatement and full salary arrears for the absence period, plus interest. The Supreme Court reversed this decision, holding that the 'no work no pay' principle applies and that the teacher's failure to pursue legal remedies promptly, combined with her brief re-employment before taking voluntary retirement, made the arrears claim unjustified. The Court upheld the Department's denial of back pay.

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Education Law Administrative Law Employment and Service Law Pension and Retirement Benefits

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