Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Force No. 0750090137 CT/GD Naruj Kr. Doley S/o Bolin Doley – Appellant
Versus
Union of India Rep. by the Secretary, Ministry of Home Affairs, New Delhi – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC appearing for the respondents.
2. The petitioner has instituted the present writ petition praying for the following reliefs:
“(i) A Writ in the nature of mandamus shall not be issued directing the respondents to afford equal pay along with his batch-mate who were inducted in the force on 2007.
(il) Writ in the nature of mandamus directing the authority to pay full amount of salary from the date of dismissal to the date of reinstatement. i.e. 09-07-2014 to till 02-07-2021.
(iii) Writ in the nature mandamus shall not be issued directing the respondents to afford all the financial and service benefit including seniority and to further count his intervention period from i.e. 09-07-2014 to till 02-07-2021, as on duty while calculating his pension amount.”
3. The petitioner, herein, while serving as Constable (GD), Central Reserve Police Force (CRPF) at Sinkiview, Itanagar was arrested in connection with a criminal case on 20-02-2014. The petitioner having remained under detention for more than 48 hours, he was placed under suspension/ deemed suspension w.e.f. 20-0
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
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.
The failure to provide an Inquiry Report violated natural justice, leading to the reinstatement of the petitioner from the date of discharge.
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.
An employee acquitted after suspension and reinstatement is entitled to back wages for the period of suspension and to seniority and consequential benefits, including promotion, at par with the last ....
The denial of back wages based on 'Dies-non' for a period of dismissal was ruled arbitrary, necessitating payment of 50% back wages under Rule 19(ii).
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
