No employee can claim a right to salary if he is not validly appointed in the government sector, the Central Administrative Tribunal has held.
"Right to salary would flow only from a valid appointment," the tribunal, comprising members Ramesh Chandra Panda and Meera Chhibber, said.
The tribunal passed the order on a plea by four MCD employees, who sought its direction to the municipal body to release their salary for the period between 2006, when they were relieved from their services and 2008, when they were terminated.
The applicants -- Harish Sharma, Brij Lal, Satender Kumar and Devender Kumar -- were relieved from service in 2006 after the municipal authorities came to know that they were fraudulently appointed.
The tribunal noted that the applicants' appointment with the MCD was found to be fraudulent and they had never approached the court in 2006 even though they were relieved in the same year.
"They had not performed any duty from August 23, 2006 till they were terminated. In these circumstances, the applicants cannot claim salary for the said period as they had admittedly not worked," the CAT said.
