When a termination order is quashed and status quo ante is restored, the employee is entitled to notional benefits, including annual grade increments, to maintain continuity of service, regardless of whether actual work was performed during the intervening period.

Judgment

1. This writ petition has been filed by the petitioners challenging the order dated 06.08.2024, whereby benefit of annual grade increment for the period commencing from 21.01.2017 to 28.05.2017 has been denied to the petitioners. Petitioners have further prayed for a direction against the respondents to grant them notional benefit of annual grade increment for the aforesaid period and to consider the same for consequential service benefits.

2. It is stated by learned counsel for the petitioners that the petitioners were appointed on the post of Physiotherapist, Data Entry Operator and Counselor respectively in NCD Clinic, District Hospital Sawaimadhopur. It is further submitted that services of the petitioners were illegally terminated by the respondents vide order dated 20.01.2017, which was challenged by the petitioners by way of filing S.B. Civil Writ Petitions No.1238/2017 and 1235/2017 before the Co-ordinate Bench of this Court.

3. Learned counsel submits that Co-ordinate Bench of this Court, while granting interim order dated 01.05.2017 in the aforesaid writ petitions, directed to maintain status quo ante and hence, in view of the interim order, it would be treated that the termination order dated 20.01.2017 never came into effect. Learned counsel drew attention of this Court towards order dated 01.05.2023 passed by another Co-ordinate Bench of this Court, whereby the aforesaid S.B. Civil Writ Petitions No.1238/2017 and 1235/2017 were allowed and termination order dated 20.01.2017 was finally quashed and set aside.

4. After the final order was passed in earlier writ petitions filed by the petitioners, the petitioners applied for the benefits for the intervening period from 21.01.2017 to 28.05.2017 i.e. the period of joining, in compliance of interim order dated 01.05.2017. Learned counsel submits that petitioners are confining their prayer only for the notional benefits of increment for the aforesaid period and submits that since, the order of status quo ante was there, therefore, petitioners are entitled to the benefits of annual grade increment during the aforesaid period as admissible to the petitioners pursuant to terms and conditions of the contract under which, the petitioners were engaged by the respondents.

5. Learned counsel for the respondents opposed the writ petition and submitted that annual grade increments are the benefits that are earned by an employee after rendering actual service and in the instant case, admittedly, the petitioners did not work with the respondents between the period commencing from 21.01.2017 to 28.05.2017; hence, under these circumstances, the respondents have rightly declined the benefits of annual grade increment to the petitioners for the aforesaid period.

6. Heard learned counsel for the parties and perused the record.

7. It is not disputed that the termination order dated 20.01.2017 passed by the respondents was stayed by Co-ordinate Bench of this Court vide order dated 01.05.2017 passed in S.B. Civil Writ Petitions No.1238/2017 and 1235/2017 with directions to maintain status quo ante and the aforesaid writ petitions have finally been allowed by the Co-ordinate Bench of this Court vide order dated 01.05.2023, whereby termination orders have been ultimately quashed. Consequently, pursuant to stay order passed by this Court, although the petitioners were allowed to continue their services, yet by way of issuing letter dated 06.08.2024, they have been deprived of benefit of annual grade increment for the