Ram Chandra Yadav Vs. The State of Bihar.
EmailAppeal: C.A. No. of 88.
(Arising out of Special leave petition (Civil) No. 14077 of 87)
(Arising out of Special leave petition (Civil) No. 14077 of 87)
Petitioner: Ram Chandra Yadav
Respondent: The State of Bihar.
Apeal: C.A. No. of 88.
(Arising out of Special leave petition (Civil) No. 14077 of 87)
(Arising out of Special leave petition (Civil) No. 14077 of 87)
Judges: M.P.THAKKAR & N.D.OJHA,JJ.
Date of Judgment: Mar 08, 1988
Head Note:
SERVICE AND LABOUR LAW
Dismissal from service set aside – Interregnum between the date of dismissal and the date of reinstatement not to be treated as break in service – Appellant will not be entitled to backwages.
JUDGEMENT:
O R D E R
Special leave granted. Heard both the sides we feel that having regard to the facts and circumstances of the case, the order of dismissal from service passed against the appellant deserves to be set aside. We accordingly direct the reinstatement of the appellant in service with effect from 15th March, 1988. We further direct that the interregnum between the date of dismissal and the date of reinstatement will not be treated as a break and appellant will be treated as having continued in service for all purposes except for the purpose of backwages. In other words the appellant will not be entitiled to backwages for the interregnum in view of the circumstances of the case and the fact that Appellant approached the court after considerable time lag. The appeal is disposed of accordingly. There will be no order as to costs.
Special leave granted. Heard both the sides we feel that having regard to the facts and circumstances of the case, the order of dismissal from service passed against the appellant deserves to be set aside. We accordingly direct the reinstatement of the appellant in service with effect from 15th March, 1988. We further direct that the interregnum between the date of dismissal and the date of reinstatement will not be treated as a break and appellant will be treated as having continued in service for all purposes except for the purpose of backwages. In other words the appellant will not be entitiled to backwages for the interregnum in view of the circumstances of the case and the fact that Appellant approached the court after considerable time lag. The appeal is disposed of accordingly. There will be no order as to costs.
