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HIGH COURT OF TELANGANA
NAMAVARAPU RAJESHWAR RAO
A. Rajaram Reddy – Appellant
Versus
Additional Collector/PIC Chairman, The Karimnagar Cooperative Urban Bank Ltd., Karimnagar District – Respondent
ORDER :
NAMAVARAPU RAJESHWAR RAO, J.
The present Writ Petition is filed for the following relief:
“…to issue an appropriate writ order or direction, more particularly, one in the nature of Writ of Mandamus and set aside the Order Rc.No.131 of 2024 dated 23.01.2024 passed by Respondent No. 1 insofar as period of dismissal as Chief Executive Officer from 13.06.2011 to date of joining in Lower grade i.e. till 31.01.2024 is treated as Dies-non and no salary/remuneration for that period shall be paid as illegal arbitrary violative of Articles 14 and 21 of the Constitution of India contravention of Rule 19(ii) of The service rules and regulations of the Karimnagar Cooperative Urban Bank Ltd., Karimnagar and amounting to double penalty, and, Consequently direct the Respondent Nos. 1 and 2 to grant back wages from 13.06.2011 till date of joining in Lower grade i e till 31.01.2024 and pass…”
2. Heard Sri Baglekar Akash Kumar, learned counsel for the petitioner, Sri K. Vasudeva Reddy, learned Standing Counsel for respondents No.1 to 3, and learned Government Pleader for Services-III, appearing for respondents No.4 and 5.
3. Learned counsel for the petitioner submits that the petitioner was appoin
The denial of back wages based on 'Dies-non' for a period of dismissal was ruled arbitrary, necessitating payment of 50% back wages under Rule 19(ii).
The competent authority's discretion in determining pay and allowances for reinstated employees and the denial of back wages must be in line with the relevant rules and regulations.
An acquitted employee in a criminal case is entitled to back wages for the period of enforced absence from service when the dismissal was set aside due to unfair trial in departmental proceedings.
The court established that reinstated employees are entitled to back wages unless it is demonstrated that they were gainfully employed during the period of absence due to dismissal.
An employee acquitted after suspension and reinstatement is entitled to back wages for the period of suspension and to seniority and consequential benefits, including promotion, at par with the last ....
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
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