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2006 Supreme(Mad) 989

P.K.MISRA, R.SUDHAKAR
K. C. Vasudevan – Appellant
Versus
The Director General, Central Industrial Security Force, Ministry of Home Affairs, Block No. 12, CGO Complex, Lodhi Road, New Delhi & Others – Respondent


Advocates Appeared:For the Petitioner:V. Ramasubramanian, Advocate. For the Respondents: S. Udhya Kumar, SCGSC.

Judgment :-

(Petition filed under Article 226 of the Constitution of India for the issuance of Writ of Mandamus directing the respondents to refix the petitioner’s pay for the period from the date of his dismissal from service, by granting notional increments upto the date of reinstatement and real increments thereafter by granting the benefits of revised pay scales under Pay Commission Recommendations, granting promotions to the posts of Head Constable and Assistant Sub-inspector from the respective dates on which petitioner’s immediate juniors was promoted and pay all consequential arrears arising out of such fixation.)

P.K.Misra, J.

Heard the learned counsels appearing for the parties.

2. Brief history is required to be narrated before deciding the question placed in the present writ petition.

Petitioner is serving under the third respondent as Constable. An order of suspension was passed on 5.7.1980 on the basis of certain allegations. Since, the petitioner had not signed the attendance register at the time when he was under suspension, another disciplinary proceeding was initiated and, on the finding that he had not signed the attendance register, the petitioner was dismissed


















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