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2008 Supreme(Raj) 2459

N.P.GUPTA, KISHAN SWAROOP CHAUDHARI
Nuclear Power Corporation of India Ltd. – Appellant
Versus
Dr. (Major) Hari Singh Rathore – Respondent


For the Appellant:N. S. Singhvi and Arun Bhansali, Advocates.
For the Respondent:P. S. Bhati, Advocate.

JUDGMENT

1. - This appeal has been filed by the appellant, to challenge the order of the learned single Judge dated 7-3-2007, accepting the writ petition of the respondent, and holding, that the present appellant erroneously accepted the resignation of the writ petitioner, from service, and on that basis, allowed the writ petition, quashed the order dated 16-9-1992 (Annexure/15), accepting the resignation of the petitioner from service, and directing, the writ petitioner to be reinstated, in the service, with all consequential benefits.

2. The necessary facts are, that the petitioner was released from army, as a short service Commission Officer, and was selected on the post of Surgeon, and appointed by the present appellant, vide order dated 1-1-1990, then a corrigendum was issued on 11-7-1991 (Annexure 5 and 6).

3. We may notice here that in exhibit 5, the petitioner was offered appointment on the post of Surgeon, and vide exhibit/6, it was confirmed, that the petitioner has been appointed as Surgeon SO/SF. This SO/SF is scientific officer and S. F. is the scale pay. It is then alleged, that the petitioner ought to have been fixed at Rs. 5100/- basic, on the basis of the LPC, issued


























































































































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