Back
MADHURESH PRASAD
Usha Sinha – Appellant
Versus
State of Bihar – Respondent
Madhuresh Prasad, J. – Heard learned counsel for the petitioner and learned counsel for the respondent-State.
2. The instant proceedings is a second writ petition for grant of salary for the period 27.11.2009 to 31.07.2011 during the period in between termination of the petitioner’s earlier appointment on compassionate ground; and her reappointment under order dated 29-08-2011.
3. The writ petition reveals that the earlier termination of her services on compassionate ground was assailed by the petitioner earlier in CWJC No. 16458 of 2008. The same was allowed vide order dated 13.05.2010 with the following observations: –
“There appears to be no pleading that the petitioner had subsequently acquired the educational qualification as required under 1984, 1997 & 2002 Circulars. Since, one of the pleas is that the petitioner has not been issued a show cause notice before termination. I direct that the District Magistrate, Gaya and the District Establishment Committee, Gaya should issue a show cause to the petitioner and after hearing, pass an appropriate orders within a period of two months from the date of filing show cause reply by the petitioner in view of the observations of this Cour
Reinstatement does not entitle an employee to salary arrears for the period of dismissal unless explicitly stated in the judgment.
An interim order does not create an entitlement to salary if the final order upholds the termination of employment.
Reinstated employees are entitled to count the dismissal period towards continuous service and receive corresponding benefits unless expressly limited by the reinstatement order.
In cases of wrongful termination, reinstatement with back wages is the norm unless the employer can prove the employee was gainfully employed during the termination period; the burden of proof lies w....
The main legal point established in the judgment is that while the petitioners were entitled to reinstatement, the denial of back wages was upheld based on the nature of the work and the fact that th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
