MICHAEL ZOTHANKHUMA
Md. Imran Ullah S/o Late Assahot Ullah – Appellant
Versus
Union of India – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. D. Choudhury, learned counsel for the petitioner as well as Ms. B. Sarma, learned CGC appearing for all the respondents.
2. The petitioner has prayed for payment of arrear salary from 05.05.2001 to 12.12.2005 and from 02.01.2008 to 25.11.2014. The petitioner’s case in brief is that he was appointed as a Cinema Hall Manager in the Air Force Station, Jorhat in the scale of pay of Rs. 330-8-370-10-400-EB-18-480, in the year 1984, in pursuant to the selection process that had taken place in respect of Advertisement dated 12.12.1983. The petitioner’s service was confirmed in the year 1997.
3. The petitioner’s service was thereafter terminated vide Notice of Termination dated 23.04.2001. Being aggrieved, the petitioner filed WP (C) No. 3112/2001. The same was disposed of by this Court, vide order dated 01.05.2001, with a direction that post retiral benefits should be paid to the petitioner and thereafter the service of the petitioner may be terminated. Otherwise, the petitioner should be allowed to continue in service. Consequent to the order dated 01.05.2001 passed in WP (C) No. 3112/2001, the petitioner was reinstated into service vide letter
Deepali Gundu Surwase vs. Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) and Others
State of Kerala vs. M.K. Kunhikannan Nambiar Manjerimanikoth, Naduvil (Dead) and Others
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.
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.
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 continuity of service and back wages is the standard, and any conditions limiting these entitlements must align with judicial directives and estab....
Termination of a probationary employee requires a departmental inquiry if allegations of misconduct are made, and continued employment without formal disengagement results in deemed permanency.
Compliance with employment regulations, authority of the disciplinary manager, and the petitioner's failure to represent his case and claim his dues were crucial in determining the outcome of the cas....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.