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2021 Supreme(Raj) 107

MANOJ KUMAR VYAS, SABINA
State of Rajasthan through the Secretary, Department of Home – Appellant
Versus
Khalil Khan S/o Shri Alumuddhin Mohammeden – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Prakhar Gupta, Dr. Vibhuti Bhushan Sharma.
For the Respondents: Ms. Naina Saraf, Mr. Pritam Singh.

ORDER :

1. This appeal has been preferred against the judgment dated 22.04.2010 passed by learned Single Judge, whereby the writ petition filed by petitioner-respondent was allowed with the following directions:-

    “In the result, writ petition is allowed. Impugned orders dated 31.08.1994 and 25.02.1995 are set-aside. Petitioner is held entitled to be reinstated in service with continuity. However, keeping in view the length of time which has elapsed between the order of penalty and now when this judgment is being passed and in totality of circumstances, petitioner is held entitled to only 50% of the consequential monetary benefits although he would be otherwise entitled to other benefits arising out of such continuity including retiral benefits and other consequential benefits.

Compliance of the judgment shall be made within a period of three months from the date copy of this order is produced before the respondents.”

    2. The petitioner-respondent had filed a writ petition. Case of the petitioner-respondent was that he was initially appointed as Constable and continued on the post of Driver- Constable. During the said period, the petitioner-respondent had applied for the acquired leave f

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