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2017 Supreme(SC) 1337
SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
Union of India & Ors. - Appellants
Versus
Shiba Prasad Mitra - Respondent
Civil Appeal No. 15444 of 2017 (Arising out of S.L.P. (Civil) No. 19403 of 2017)
Decided On : 22-09-2017
Advocate Appeared:
For the Appellants : Mr. Ranjit Kumar, Mr. Aman Sinha, Mr. R. Balasubramaniam, Mr. S.S. Ray, Ms. Aarti Sharma, Mr. Akshay Amritanshu, Mr. Mukesh Kumar Maroria
For the Respondent: Mr. Bhupesh Ranjan Das, Mr. Kaushik Krishna Ghosh, Mr. M.K. Ghosh, Ms. Tina Garg, Mr. Rohit Dutta, Mr. B. Ramana Murthy
The court disposed of the appeal without going into the merits of the matter and deemed the respondent to have been reinstated but compulsorily retired from service, with consequential benefits to be disbursed within three months
Headnote:
Leave granted - Appellants aggrieved by impugned Judgment dated 10.08.2016 by the High Court - High Court upheld order passed by Central Administrative Tribunal, Calcutta to reinstate respondent in service with back wages - Not necessary to go into the factual matrix - Appeal disposed of without going into the merits of the matter - Respondent deemed to have been reinstated but deemed to have compulsorily retired from service - Consequential benefits to be disbursed within three months
Fact of the Case:
Appellants aggrieved by impugned Judgment dated 10.08.2016 by the High Court - High Court upheld order passed by Central Administrative Tribunal, Calcutta to reinstate respondent in service with back wages - Not necessary to go into the factual matrix
Finding of the Court:
Thanks to the gracious cooperation extended by the learned Solicitor General and also by the learned Counsel appearing for the respondent, the appeal is disposed of without going into the merits of the matter - Respondent deemed to have been reinstated but deemed to have compulsorily retired from service - Consequential benefits to be disbursed within three months
Issues: Aggrieved by impugned Judgment - Upholding of order to reinstate respondent in service with back wages - Not necessary to go into the factual matrix
Ratio Decidendi: Appeal disposed of without going into the merits of the matter - Respondent deemed to have been reinstated but deemed to have compulsorily retired from service - Consequential benefits to be disbursed within three months
Final Decision: Appeal disposed of without going into the merits of the matter - Respondent deemed to have been reinstated but deemed to have compulsorily retired from service - Consequential benefits to be disbursed within three months
JUDGMENT :
Kurian, J.
Leave granted.
2. Appellants are before this Court aggrieved by the impugned Judgment dated 10.08.2016 by the High Court. The High Court upheld the order passed by the Central Administrative Tribunal, Calcutta to reinstate the respondent in service with back wages from the date of termination. In the nature of the order we propose to pass, it is not necessary to go into the factual matrix.
3. Thanks to the gracious cooperation extended by the learned Solicitor General and also by the learned Counsel appearing for the respondent, we are in a position to dispose of this appeal without going into the merits of the matter.
4. Though several contentions have been taken by the parties, as agreed, the respondent shall be deemed to have been reinstated as per the impugned order, but shall be deemed to have compulsorily retired from service as on today. All the consequential benefits arising out of such reinstatement and compulsory retirement shall be disbursed to the respondent within a period of three months from today.
5. With the above observations and directions, this appeal is disposed of.
