IMPORTANT POINT
Reinstatement restores an employee's position and entitles them to seniority and promotion rights, but not back wages.

ORDER :

(Rakesh Mohan Pandey, J.)

1. By way of this petition, the petitioner has sought the following relief(s):-

“10.1 To kindly call for the records of the case from the respondents.

10.2 Hon’ble Court may be pleased to direct the respondent authority to grant all the consequential benefit to the petitioner from the date of punishment of compulsory retirement to date of reinstatement and set aside order dated 04.07.2011 issued by the Superintendent of Police Bilaspur only in respect of denial of back wage and consequential benefit on basis of no work no pay.

10.3 This Hon’ble Court be pleased to direct the respondent authority to pay the proper pay scale as the petitioner was getting at the time of punishment, which has revised from time to time, if he had not been terminated by way of compulsory retirement.

10.4 This Hon’ble Court be pleased to direct to pay the all the arrears after fixing the pay scale of the petitioner with interest,

10.5 To kindly direct the respondents to grant arrears of salary to the petitioner on the basis of pay scale of Rs. 750-12-870-15-945 /- which has been revise from time to time from 17.05.2001 to till date of actual payment with interest as he was drawing at the time of termination.

10.6 This Hon’ble Court may be pleased to further direct the respondent authority to pay the salary to the petitioner which he was getting at time of termination on the basis of revise pay scale with arrears.

10.7 To kindly make any other order that may be deemed fit by this Hon’ble Court.”

2. Facts of the present case are that the petitioner was initially appointed to the post of Constable on 05.07.1982 and in the year 1991, when the petitioner was posted at Police Station-Kota, District Bilaspur, a false complaint was made by the then Town Inspector before the Superintendent of Police and a charge-sheet was issued on 24.02.1993. An Enquiry Officer was appointed, and after receiving the enquiry report, a show-cause notice along with the enquiry report was served upon the petitioner on 14.04.1993. The petitioner filed a reply, and thereafter, the punishment of compulsory retirement was imposed on 30.06.1993. The petitioner preferred a departmental appeal before the Inspector General of Police, and the same was dismissed vide Order dated 12.10.1993 and the second appeal was also dismissed on 03.02.1994. The petitioner filed an Original Application (O.A.) before the State Administrative Tribunal, Jabalpur bearing O.A. No. 2399/1996, and after the abolition of the tribunal, the matter was transferred to the High Court of Chhattisgarh, where it was registered as WPS No. 1407 of 2005. The petition was partially allowed, the orders passed by the disciplinary authority and appellate authority were quashed, the matter was remitted back to the disciplinary authority to initiate a proceeding afresh, and the punishment was also found disproportionate. It was observed by the Coordinate Bench of this Court that ‘the petitioner would be entitled to reinstatement but without back wages. The reinstatement and other service benefits shall be solely for the purpose of completing the departmental proceedings, and the entitlement of the petitioner would be adjudicated by the authorities depending on the result of the disciplinary proceeding’.

3. Learned counsel appearing for the petitioner submitted that the proceeding was again initiated and the Superintendent of Police vide Order dated 04.07.2011, reinstated the petitioner in services and further held that on the principle of no work-no pay, the petitioner would be entitled to salary and allowances. He further submitted that the pay slip for the month of August, 2014 would show that the petitioner was paid a basic salary of Rs. 6910 but the other consequential benefits were not granted to the petitioner. He also submitted that the petitioner was considered a fresh appointee, and therefore, he prayed that a direction may be issued to the respondents to grant other benefits such as notional