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ANSHUMAN
Jitendra Pd. Sharma Son of Ram Pyaray Sharma – Appellant
Versus
State of Bihar Through the Chief Secretary – Respondent
JUDGMENT :
ANSHUMAN, J.
Heard learned counsel for the petitioner, learned counsel for the Bihar State Pollution Control Board and learned counsel for the State.
2. The present writ petition has been filed for grant of following reliefs:-
b. For directing the respondents to disburse the salary of the petitioner for the period 28/04/2003 to 08/01/2015, i.e., from his illegal removal to his reinstatement.
c. For directing the respondents to contribute and disburse the EPF of the petitioner from May 2003 to 8/1/2015 .
d. For directing the respondents to compute and disburse the salary of the petitioner with 6th and 7th pay revisions as applicable.
e. For directing the respondents to disburse the Earned Leave and Gratuity of the petitioner after computation of his length of service from his initial joining in the parent organization.
f. For directing the respondents to disburse the pension of the petitioner after computation of his length of service from his initial joining in the parent organizatio
In cases of wrongful termination, reinstatement with continuity of service and back wages is the standard, and any conditions limiting these entitlements must align with judicial directives and estab....
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
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....
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
The competent authority's discretion in determining pay and allowances for reinstated employees and the denial of back wages must be in line with the relevant rules and regulations.
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
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