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S. K. MISHRA, ANANDA SEN
State of Jharkhand – Appellant
Versus
Ram Kailash Singh, son of Late Deo Narayan Gope – Respondent
ORDER :
(S. K. Mishra, J.)
1. Heard learned counsel for the State as none appears on behalf of the respondent.
2. In this letters patent appeal, appellant has assailed the order passed by learned Single Judge on 03.09.2020 in W.P.(S) No.4708 of 2009.
3. Petitioner before the learned Single Judge, i.e., respondent before us, had initially prayed for a direction upon the respondent-authorities to pay arrears of pay since June, 2001. During pendency of the writ petition, petitioner was discharged from service pursuant to order contained in memo No.683 dated 12.05.2014 (Annexure 12 to the writ petition). After such change of event, the petitioner-respondent filed an application for amendment, which was allowed by learned Single Judge and the question of his termination and legality thereof was also considered. However, after considering the matter at length, learned Single Judge came to a conclusion that the petitioner has confined his argument only to the claim for payment of salary, therefore, he did not deal with the termination order. Further, the learned Single Judge has held that since the petitioner-respondent has worked for the period under consideration, i.e., June, 2001 till hi
Employees are entitled to receive salary for the period worked, as established in relevant case law.
Reinstatement does not entitle an employee to salary arrears for the period of dismissal unless explicitly stated in the judgment.
Judicial discipline requires courts to uphold precedents set by coordinate benches unless overruled, ensuring consistent treatment of similar cases.
An interim order does not create an entitlement to salary if the final order upholds the termination of employment.
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