STATE OF UTTARAKHAND and ORS. Vs. SUMAN PAL .
EmailAppeal: CIVIL APPEAL NO.5 OF 2016
Petitioner: STATE OF UTTARAKHAND and ORS.
Respondent: SUMAN PAL .
Judges: ANIL R. DAVE , ADARSH KUMAR GOEL
Date of Judgment: Jan 04, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.5 OF 2016 (Arising out of SLP(C)No.34192 of 2014)
STATE OF UTTARAKHAND & ORS. … APPELLANT(S)
VS.
SUMAN PAL … RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted. 2. Heard the learned counsel and perused the record. 3. Upon perusal of the record, we find that reinstatement with 50% backwages would not be just. Therefore, we modify the impugned judgment to the effect that a lump-sum amount of Rs.2 lakhs (Rupees two lakhs only) be paid to the respondent, a daily wager, as he was not regularly appointed and he was relieved before several years. 4. The afore-stated amount of Rs.2 lakhs shall be paid within three months from today and the respondent shall not have any further right.
4. The impugned order is set aside and the appeal is disposed of as partly allowed. Pending application, if any, stands disposed of.
…………..J. [ANIL R. DAVE]
…………..J. [ADARSH KUMAR GOEL] New Delhi; 4th January, 2016.
CIVIL APPEAL NO.5 OF 2016 (Arising out of SLP(C)No.34192 of 2014)
STATE OF UTTARAKHAND & ORS. … APPELLANT(S)
VS.
SUMAN PAL … RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted. 2. Heard the learned counsel and perused the record. 3. Upon perusal of the record, we find that reinstatement with 50% backwages would not be just. Therefore, we modify the impugned judgment to the effect that a lump-sum amount of Rs.2 lakhs (Rupees two lakhs only) be paid to the respondent, a daily wager, as he was not regularly appointed and he was relieved before several years. 4. The afore-stated amount of Rs.2 lakhs shall be paid within three months from today and the respondent shall not have any further right.
4. The impugned order is set aside and the appeal is disposed of as partly allowed. Pending application, if any, stands disposed of.
…………..J. [ANIL R. DAVE]
…………..J. [ADARSH KUMAR GOEL] New Delhi; 4th January, 2016.
