SMT. SARAN KUMAR GAUR & ORS. versus STATE OF UTTAR PRADESH & ORS.

Citation: [1991] 3 S.C.R. 559 · Decided: 13-08-1991 · Supreme Court of India · Bench: RANGANATH MISRA, KULDIP SINGH · Disposal: Disposed off

Judgment (excerpt)

SMT. SARAN KUMAR GAUR & ORS. 
v. 
STATE OF UTTAR PRADESH & ORS. 
AUGUST 13, 1991 . 
[RANGANATH MISRA, CJ AND KULDIP SINGH. J.] 
Service Law: College teachers-Strike-Called back to duty-
Not joining within time-Alternate teachers appointed-Entitlement to 
salary-Applicabi!ily of ihe principle 'No work-No pay'-Teachers 
absorbed back in the same institution-Seniority-Credit to be given for 
the mterreg11um. 
The appellants, teachers in. a minority institution fully financed 
by State, went on a strike and when they were called back to duty, they 
did not return within time, leading to appointment of alternate 
. teachers. They approached the High Court for their absorption. The 
High Court having dismissed the matter, the aggrieved teachers have 
preferred the present appeal by special leave. By interim orders, this 
Court has already directed the absorption of the teachers in different 
institutions. Seven teachers have been absorbed in t_he very same 
institution. It was contended on behalf of the seven teachers that they 
should be paid salary for the period of gap before their absorption and 
that their seniority should be maintained. The alternate teachers who 
worked in the interregunum contended that they should be paid salary 
for the period they worked. 
Disposing the appeal, this Court, 
HELD J. One set of teachers have actually worked while the other 
set has not. The teachers had gone on strike and when they were called 
back to duty a group of teachers including the seven did not return 
within time and that led to appointment of alternate teachers. It is clear 
from the material on record that the alternate teachers did work during 
A 
B 
c 
D 
F 
the period. It may not be appropriate to hold that they are not entitled G 
to remuneration for the work done; However, the institution has admit-
tedly not received any benefit of service during the relevant period from 
the other set viz. the seven teachers who were absorbed later. On the 
principle that when work is not done remuneration is not to be paid, no 
direction is given for payment. If they are entitled to salary, it is open to 
them to take appropriate proceeding to cl2im the same. It does not H 
559 
A 
B 
c 
D 
E 
F 
560 
SUPREME COURT REPORTS 
[1991J 3 S.C.R. 
finally close their claim against the State or the institution. The 
alternate teachers who have worked and if they have not been paid, they 
should be disbursed the s~lary due to them. There is some contest as to 
whether they are qualified or not. On the basis of the facts on record the 
teachers appear to be qualified and that que<tion should not be 
reopened. In regard to two teachers who were p•·epared to wait to take 
their chance, they would not be paid any remuneration. Seven teachers 
who have now been provided jobs under the orders of this Court and 
those who were waiting to take their chance should be equated for the 
common period ofno work. [562F-H; 563A-C) 
2. However, the seven teachers who have got absorption should 
be given their seniority for the period they were out of employment. 
The Director of Public Instruction is required to take this order into 
account and given them credit for seniority for the period they were out 
of employment on the deemed situation that they had worked. This 
would not entitle them to salary unless they are otherwise entitled to the 
same. [5630] 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2145 
of 1988. 
From the Judgment and Order dated 3.5.1988 of the Allahabad 
High Court in C.M. W.P. No. 13143 of 1985. 
Avadh Behari Rohatgi, S. Markandeya. G. Seshagiri Rao and 
Ms. C. Markandeya for the appellant. 
Ms. Shobha Dikshit, Pankaj Kalra, Ejaz Maqbool. Dileep Tandon. 
J.M. Khanna and S. K. Jain for the Respondents. 
The following Order of the Court was delivered: 
This appeal by special leave is against the order of the Allahabad 
High Court. The subject matter of dispute is in regard to 11 lady 
teachers of Saghir Fatima Mohammadia Girls Inter College. Agra. 
G 
This is claimed to be a minority institution but fully financed from the 
State resources. 
By interlocutory orders made from time to time the real litigative 
part of the dispute has already been attended to. We would refer to 
our order of 2nd May, 1991 where this court observed "We are happy to 
H find that pursuant to our order made earlier in this case Smt. Kamla 
SARAN GAUR '· STATE OF U.P. 
561 
Mehra, Smt. Saran Kuma·i Gaur and Swaliha Begum have been given 
postings and

Excerpt shown. Read the full judgment & AI analysis in Lexace.