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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Satyendra Kumar, Son of Sri Chandeshwar Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
PER Sujit Narayan Prasad, J.
I.A. No.11639 of 2023
1) Having heard the learned counsel for the parties and being satisfied with the grounds shown, the delay of 74 days in filing the instant appeal is condoned.
2) I.A. No. 11639 of 2023 stands allowed and disposed of.
L.P.A. No. 257 of 2023
3) This intra-court appeal under Clause 10 of the Letters Patent is directed against the order dated 19.01.2023 passed by the learned Single Judge in W.P. (S) No. 1687 of 2021, whereby and whereunder the writ petition filed by the appellant for grant of upgradation under the Modified Assured Career Progression Scheme by quashing Memo No.1848 dated 29.10.2018, has been dismissed on the ground that the Hon’ble Apex Court in Civil Appeal No.1809 of 2018 has denied the backwages or benefits of the period of discontinuity in service.
FACTS
4) Brief facts, as per the pleadings made in the writ petition, are as under:-
4.1) The appellant was appointed as Constable on 10.05.2005 in terms of the advertisement dated 13.01.2004, but he was dismissed from service vide order dated 14.10.2012 and this order of dismissal was affirmed by the Appellate Authority vide order dated 07.04.2013.
The appellant being a
Reinstatement restores all benefits, including upgradation, despite the absence of backwages for the period out of service.
Employer is also entitled to prove it otherwise against the employee, namely, that the employee was gainfully employed during the relevant period and hence not entitled to claim any back-wages. The n....
Reinstatement of a worker inherently includes continuity of service, entitling them to benefits from the initial date of joining.
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
The main legal point established in the judgment is that periods of absence due to incarceration should be considered for seniority and pensionary benefits, and the Industrial Disputes Act, specifica....
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.
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