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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SOUMITRA SAIKIA
Md. Sajid Ansari S/o Late Jaynai Abedin Ansari – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner's appointment history and disputes (Para 1 , 2 , 3) |
| 2. claims for service benefits and arguments (Para 4 , 5) |
| 3. court's analysis of reinstatement and back wages (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. dismissal of writ petition (Para 15) |
JUDGMENT :
SOUMITRA SAIKIA, J.
1. This writ petition is filed by the petitioner who is presently serving as LDA-cum-Typist at Barbaruah ICDS Project till date. The petitioner was initially appointed on 17.05.1996 as Grade-III staff on ad-hoc basis in the Office of the Divisional Programme Officer, ICDS Cell, Sonitpur at Tezpur in fixed pay of Rs. 900/- per month. In the year 2000- 01, the petitioner was called for appearing in the Oral Interview of the LDA Post where he secured 6th position in the merit list. After his selection, he was attached to the office of the Divisional Programme Officer, ICDS Cell at Sonitpur as LDA-cum-Typist and subsequently he was posted in the office of the CDPO at Majuli. Thereafter, he was again transferred and posted in the Office of Child Development Project Officer, Barbaruah ICDS Project, Dibrugarh.
2. Pursuant to a writ petition being W.P(C) No. 8691/2004 being filed by one Narbad
Court judgments must be interpreted in context, and entitlements like back wages are not automatic upon reinstatement unless explicitly directed, reflecting the discretionary nature of such benefits.
The petitioner was entitled to backwages for the non-working period, except for the period when he pursued a law degree and practiced law. The Court directed the respondents to calculate the backwage....
Point of law: When substantial order is passed by the Tribunal quashing the order of dismissal with a direction to reinstate the petitioner with all consequential benefits including monetary benefits....
Reinstatement restores all benefits, including upgradation, despite the absence of backwages for the period out of service.
Suppression of material facts by a party invoking the extraordinary jurisdiction of the court under Article 226 of the Constitution can lead to the imposition of costs and dismissal of the petition.
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