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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Prakash Chand (Deceased) through his LRs. Arun Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
JIYA LAL BHARDWAJ, J.
1. By way of the present petition, the original petitioner Prakash Chand, who expired on 25.11.2021 and substituted by his Legal heirs, (for short “petitioner) has prayed for the following substantive reliefs:-
“(i) That the respondents may kindly be directed to grant the petitioner three ACP increments, on completion of his 4-9-2014 years of regular services as JBT Teacher and to pay the arrears and other allowances along with interest @ 12% per annum.
(ii) That the respondents may kindly be directed to pay the salary for a period of 68 days during which the services of the petitioner remained terminated by the regularizing the period of termination.”
2. Shorn of unnecessary details, the key facts of the case are that the petitioner vide office order dated 14.02.1992 (Annexure P/A) was appointed as Volunteer Teacher (Primary) in Government Primary School Simbal. In sequel to said office order, he joined duties on 03.03.1992 as claimed in letter dated 10.08.2012 (Annexure P/E).
3. Feeling aggrieved by the appointment of the petitioner as Volunteer Teacher, one Smt. Meeran Devi (wrongly mentioned as Meera Devi), who also participated in the selection proc
Wrongful termination without employee fault, later quashed, entitles full back wages for absence period and ACP increments with service continuity, rejecting 'no work no pay' where employee willing b....
In cases of wrongful termination, the standard remedy is reinstatement with back wages unless the employer proves the employee's concurrent gainful employment during the termination period.
In cases of wrongful termination, reinstatement with back wages is the normal rule unless the employer proves the employee was gainfully employed during the termination period.
In cases of illegal termination, reinstatement with back wages is the norm, but courts may instead award reasonable compensation based on the context of service and misconduct.
Employees reinstated with continuity in service are entitled to gratuity for the entire duration of employment, including the period post-termination, as per statutory provisions.
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