Back
SANJAYA KUMAR MISHRA, ANANDA SEN
State of Jharkhand – Appellant
Versus
Lalan Kumar Singh, S/o. Ram Prare – Respondent
| Table of Content |
|---|
| 1. reinstatement order of writ petitioner. (Para 1) |
| 2. arguments regarding legality of appointment. (Para 2 , 3) |
| 3. similar cases accepted by the state. (Para 4 , 5) |
| 4. judicial discipline in following precedents. (Para 6 , 8) |
| 5. conclusion and dismissal of the appeal. (Para 7 , 9 , 10) |
ORDER :
Ananda Sen, J.
1. This Intra Court Appeal is directed against the order dated 11.10.2012 passed by the learned Single Judge in W.P.(S) No.5789 of 2001, whereby the writ petition filed by the writ petitioner-respondent was allowed by quashing the impugned order dated 14.11.1998 and the writ petitioner-respondent was ordered to be reinstated in the services forthwith. It was held that the petitioner will not be paid salary for the period, he remained out of service applying the principle no work no pay. However, it was clarified that petitioner shall be entitled for all other consequential benefits i.e. increments, length of service, promotion etc.
2. Learned counsel for the appellant-State submits that the writ petitioner was appointed illegally, that too by a person, who was not authorized to appoint, which fact has not been considered by the learned Single Judge. He submits that whe
Judicial discipline requires courts to uphold precedents set by coordinate benches unless overruled, ensuring consistent treatment of similar cases.
Reinstatement does not entitle an employee to salary arrears for the period of dismissal unless explicitly stated in the judgment.
Court affirmed the validity of the petitioner's ongoing employment, rejecting claims of illegality due to lack of adverse findings and directing timely payment of due salary.
Dismissal from service - When an order of termination by way of punishment i.e. dismissal or removal is set aside being in violation of principle of natural justice, such an order of punishment rende....
Contractual employees do not have a right to continuation of service beyond the term of their contract, as established by legal precedents.
Reinstatement of employees following wrongful termination entitles them to full back wages and benefits from the date of original appointment, barring employer proof of alternative employment.
Court judgments must be interpreted in context, and entitlements like back wages are not automatic upon reinstatement unless explicitly directed, reflecting the discretionary nature of such benefits.
Interim relief in service matters should not be granted without calling for a reply from the respondents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
