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IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Mansidh Surin Son Of Patras Surin – Appellant
Versus
The State Of Jharkhand – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel for the petitioners and learned counsel appearing for the respondent State.
2. This petition has been filed for direction upon the concerned respondents to consider the case of the petitioners for grant of pay increments since from the date of their original appointment being made in the year 2012 and accordingly the current pay of the petitioners may be fixed and consequential monetary benefits may be released in favour of the petitioners. Further prayer is made to direct the respondents to consider the case of the petitioners for grant of continuity of their services since from the date of their original appointment made from the year 2012 in view of the fact that the services of the petitioners reinstated in pursuance of the order and direction of this Court passed in W.P. (S) No.1562 of 2014 and other analogous cases by judgment dated 12.08.2016 on quashing and setting aside of the order of termination of services of the petitioners. Further prayer is made to pay the full pay and allowances in the applicable scale of pay to the petitioners for the period from 26.02.2014 i.e. when the petitioners were dismissed from their se
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.
Continuity of service does not automatically entitle an employee to time-scale benefits unless actual service conditions are fulfilled as per the Industrial Disputes Act.
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....
The main legal point established in the judgment is the entitlement of an employee reinstated without back wages to arrears of wages from the date of the reinstatement order. The judgment also emphas....
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.
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....
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