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IN THE HIGH COURT OF DELHI AT NEW DELHI
C.HARI SHANKAR, OM PRAKASH SHUKLA
Bhuvanesh Vyas – Appellant
Versus
Indira Gandhi National Open Universtiy – Respondent
| Table of Content |
|---|
| 1. interpretation of fr 54-a (3) provisions. (Para 2) |
| 2. details of appellant's employment and leave. (Para 3 , 4 , 5 , 6 , 7) |
| 3. judgment scope and prior orders. (Para 8 , 9) |
| 4. appellant's claim for full back wages. (Para 10 , 12) |
| 5. (Para 14 , 26) |
| 6. respondent's counterarguments regarding fr provisions. (Para 15 , 17 , 18) |
| 7. court's obligations regarding full back wages under fr 54-a. (Para 19 , 20) |
| 8. legitimacy of the back wages claim established. (Para 22 , 23 , 24) |
| 9. final judgment and order regarding wages and interest. (Para 36 , 37 , 38 , 39 , 40) |
JUDGMENT :
C. HARI SHANKAR, J.
1. The present appeal assails order dated 23 April 2019 and order dated 24 May 2019 passed by a learned Single Judge of this Court in WP (C) 104/2008 and Review Petition 232/2019, respectively.
2. The case in question throws up an interesting issue relating to interpretation of FR 54-A (3), [ (3) If the dismissal, removal or compulsory retirement of a Government servant is set aside by the Court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory r
The court held that under FR 54-A(3), a government servant whose dismissal is set aside on merits is entitled to full back wages from the date of dismissal until retirement.
Employment and service matter - Wages - No substantial difference between Rule 54 and Rule 54-A of Fundamental Rules, except that in one case, reinstatement is in consequence of an order made in depa....
Reinstated employees are entitled to continuity of service and consequential benefits despite prior wrongful termination, in compliance with procedural rights under administrative regulations.
No back wages where employee at fault for not joining transfer, removal quashed on technical grounds, and disciplinary proceedings pending; 'no work, no pay' applies despite reinstatement.
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