Vijay Bahadur Singh Vs. Union of India
EmailAppeal: Civil Appeal No. 3678 of 1982
Petitioner: Vijay Bahadur Singh
Respondent: Union of India
Apeal: Civil Appeal No. 3678 of 1982
Judges: E.S.VENKATARAMIAH & K.N.SINGH
Date of Judgment: Feb 16, 1988
Head Note:
SERVICE
Dismissal from service – Order of dismissal substituted by an order of retirement.
JUDGEMENT:
O R D E R
1. We have heard the appeal. Having regard to the facts and circumstances of this case we feel that in the interests of justice the order of dismissal which has been passed in this case should be substituted by the following punishment.
2. The appellant shall be deemed to be in service till today without any break in service and should be deemed to have retired from service with effect from today. He shall be paid all retirement benefits treating him to be in service without break in continuity till today. The retirement benefits shall be calculated on the basis of the salary (with increments) he would have drawn had he been in service till today in the post in which he was working on the date on which he was dismissed from service, but will not be entitled to claim the benefit of any notional promotion. Insofar as the back wages till today are concerned we direct that the appellant shall be paid a sum of Rs. 10,000/- in full settlement of all his claims for back wages.
3. The appeal is disposed of accordingly. No costs.
1. We have heard the appeal. Having regard to the facts and circumstances of this case we feel that in the interests of justice the order of dismissal which has been passed in this case should be substituted by the following punishment.
2. The appellant shall be deemed to be in service till today without any break in service and should be deemed to have retired from service with effect from today. He shall be paid all retirement benefits treating him to be in service without break in continuity till today. The retirement benefits shall be calculated on the basis of the salary (with increments) he would have drawn had he been in service till today in the post in which he was working on the date on which he was dismissed from service, but will not be entitled to claim the benefit of any notional promotion. Insofar as the back wages till today are concerned we direct that the appellant shall be paid a sum of Rs. 10,000/- in full settlement of all his claims for back wages.
3. The appeal is disposed of accordingly. No costs.
