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2017 Supreme(SC) 1053

S.A.BOBDE, L.NAGESWARA RAO
Shobha Nelson – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
For the Appellants :- Dr. Kailash Chand, Adv.
For the Respondents:- Mishra Saurabh, Adv.

JUDGMENT

L. Nageswara Rao, J.

Leave granted.

Dr. Shobha Nelson and Dr. Sudhir Kumar Nelson went to Zanzibar in 1975, while they were in Government service of the State of Madhya Pradesh. Though they had submitted a joining report on 13.08.1991, they were allowed to join back in Government service only from 03.01.1996. Aggrieved, Dr. Shobha Nelson and her husband Dr. S.K. Nelson approached the High Court of Madhya Pradesh at Jabalpur. The Writ Petitions filed by them were disposed of by the High Court with a direction to the Respondents therein to accept the joining report of the writ petitioners w.e.f. 13.08.1991 with consequential benefits. The State of Madhya Pradesh filed Writ Appeals which were allowed in part by a Division Bench of the High Court. The Division Bench held that the Appellants i.e. Dr. Shobha Nelson and Dr. S.K. Nelson shall be deemed to be in service w.e.f. 03.01.1996 and entitled to 20 per cent of their salary from 03.01.1996 till the date they attained their superannuation. Dr. Shobha Nelson and Dr. S.K. Nelson filed Civil Appeals assailing the legality of the said judgment of the High Court. The State of Madhya Pradesh also filed two Civil Appeals having been ag











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