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2022 Supreme(P&H) 1803

G. S. SANDHAWALIA, VIKAS SURI
Uttar Haryana Bijli Vitran Nigam Limited – Appellant
Versus
Jagdish Lal – Respondent


Advocates appeared:
Mr. Puneet Jindal, Senior Advocate with Mr. R.S. Longia, Advocate and Mr. Raghav Kakkar, Advocate, for the Appellant; Ms. Baljit Mann, Senior Advocate with Ms. Sunita Gupta, Advocate, for the Respondent.

JUDGMENT

G.S. Sandhawalia, J. (Oral) - Present letters patent appeal is directed against the order dated 03.03.2016 passed by learned Single Judge in CWP No.20271 of 2015 filed by the respondent herein.

2. Learned Single Judge quashed the order dated 01.06.2012 and 01.05.2015, Annexures P-13 and P-17, respectively passed by the appellant-Nigam. Vide order dated 01.06.2012 (Annexures P-13), the appellant-Nigam came to the conclusion that charges in the departmental proceedings were not proved and the charge-sheet No.23 dated 07.06.2011 was dropped. Resultantly, the intervening period from the date of his arrest from 23.02.1995 to date of his reinstatement 18.01.2011 was to be treated as continuous service for the purpose of pension, but on the principle of 'No work no pay' wages were not to be paid. The promotion of the official from ALM to Linesman was also to be considered under the relevant rules. Similarly, the authority vide order dated 01.05.2015 (Annexure P-17) treated the period from 04.12.1997 to 18.01.2011 for the purposes of continuation of services, keeping in view the orders passed on an earlier occasion in CWP No.16599 of 2011 filed by the employee. Vide the said order,

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