Om Prakash Yadav vs State Of U.P. Through ... on 24 May, 2024
7. Since the aforesaid order of termination of the services of the petitioner was set aside and with regard to the approval of the termination order and payment of arrears of salary, the matter was remitted to the Basic Shiksha Adhikari. On the representation made by the petitioner in the light of the aforesaid judgement dated 16.1.2013, the Basic Shiksha Adhikari considered the claim of the petitioner with regard to payment of arrears of salary and having found that the petitioner was absent from the Institution from 8.9.1986 till the date of his termination without any application or without any reason and no explanation for the same was provided by the petitioner, therefore, the claim of the petitioner for arrears of salary has been denied vide order dated 7.11.2013 relying upon the principle of no work no pay. Being aggrieved by the aforesaid order dated 7.11.2013 passed by the Basic Shiksha Adhikari, the petitioner filed another Writ Petition A No. 6830 of 2014 (Om Prakash Yadav Vs. State of U.P. and others) which was allowed vide judgement and order dated 5.2.2014 and the matter was remitted back to the Basic Shiksha Adhikari, Azamgarh to take a fresh decision in the matter considering the various objections raised by the petitioner in the writ petition. Against the aforesaid order dated 5.2.2014, the Committee of Management of the said Institution filed a Special Appeal No. 245 of 2014. During the pendency of the said special appeal the Basic Shiksha Adhikari has passed an order on 30.8.2014 restoring the services of the petitioner. Subsequently, the said special appeal has been dismissed on 19.2.2016 in the light of the order dated 30.8.2014 passed by the Basic Shiksha Adhikari. The relevant portion of the order dated 30.8.2014 is being quoted as under: