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SUPREME COURT OF INDIA
KURIAN JOSEPH, SANJAY KISHAN KAUL, JJ.
GOPAL DUTT SHUKLA – Appellants
VERSUS
BIHAR STATE ROAD TRANSPORT CORPORATION AND ORS – Respondents
CIVIL APPEAL NO(S). 9868 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 13032 OF 2017]
Decided on : 24-09-2018
Compulsory Retirement - Service Benefits - The court directed the respondents to treat the appellant's service between the date of compulsory retirement and the date of reinstatement as continuous for all purposes, except for the actual wages.
Fact of the Case:
The appellant was denied service benefits for the period between the date of compulsory retirement and the date of reinstatement.
Finding of the Court:
The court directed the respondents to treat the appellant's service as continuous for all purposes, except for the actual wages.
Issues: Denial of service benefits for the period between compulsory retirement and reinstatement.
Ratio Decidendi: The appellant, having been reinstated after the original order of compulsory retirement was set aside, was entitled to all consequential benefits, with the exception of actual wages for the period of non-service.
Final Decision: The appeal is disposed of with the direction to treat the appellant's service as continuous for all purposes, except for the actual wages.
JUDGMENT
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved by the denial of service benefits for the period between 08.10.2004, the date on which the order on compulsory retirement was passed, and 28.11.2007, the date on which the order of compulsory retirement was set aside and reinstating him in service.
3. We have heard the learned counsel appearing for the appellant as well as the learned counsel appearing for the Corporation. The original order of compulsory retirement imposed on the appellant on 08.10.2004 having been set aside on 28.11.2007, the appellant would normally have been entitled to all the consequential benefits. But the fact remains that he has not actually worked from the date of punishment imposed on him i.e. from 08.10.2004 till reinstatement pursuant to the order dated 28.11.2007.
4. Therefore, the respondents are directed to treat the service of the appellant between the date of compulsory retirement and the date of reinstatement pursuant to the order dated 28.11.2007 as continuous for all purposes, except for the actual wages.
5. In view of the above, the appeal is disposed of.
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