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2023 Supreme(Raj) 1328

MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
Rajasthan State Road Transport Corporation – Appellant
Versus
Inderchand Sharma S/o Shri Durga Dutt Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pradeep Mathur Advocate through Video Conferencing assisted by Mr. Paras Jain Advocate.
For the Respondent:Mr. Om Prakash Sheoran Advocate.

ORDER :

1. Heard on prayer for condonation of delay in filing appeal.

2. Taking into consideration the short period of delay and the cause shown, we are inclined to condone the delay in filing of the appeal. Delay is accordingly condoned.

3. Application No. 190/2019 is allowed.

4. Heard.

5. This review petition has been filed by the petitioners seeking review of order dated 26.10.2018, whereby, this Court interfered with the order passed by the learned Single Judge and instead of allowing reinstatement, paid lumpsum compensation.

6. The error apparent on the face of record, as contended by learned counsel for the applicant is that while granting lumpsum compensation in lieu of reinstatement, this Court was not apprised of a settled legal position that in the case of a regular employee, reinstatement has to follow once the order of termination is held illegal and the discretion lies only in the matter of granting full or partial or no back wages. In support of his submission, learned counsel has placed reliance upon a recent judicial pronouncement of the Hon’ble Supreme Court in the case of Jeetubha Khansangji Jadeja Versus Kutchh District Panchayat, in Civil Appeal No.6890 of 2022, decid

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