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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
| Table of Content |
|---|
| 1. volunteer teacher appointment challenged and regularized as jbt (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. claims for acp increments and 68-day termination wages (Para 9 , 10 , 11) |
| 3. regularization undisputed; litigation delay no bar to benefits (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 4. full backwages mandatory for illegal termination sans fault (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. acp and wages granted to petitioner's legal heirs (Para 27 , 28 , 29) |
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
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.
Illegal termination of long-serving teacher without inquiry mandates reinstatement with full backwages, despite temporary initial appointment; denial on unsubstantiated strained relations grounds imp....
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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