S DEB
(Querist) 15 February 2013
This query is : Resolved
A colleague of mine was dismissed from service due to misbehaviour. However he was reinstated after a court judgement. He remained out of service for 10 years. Court ordered to reinstate him with all consequential benefits like wages, bonuses etc. The question arises whether he will be entitled to Earned leave as a consequential benefit for the period he was not in employment.
Guest
(Expert) 15 February 2013
Depends upon whether the period between the date of dismissal and reinstatement is treated as duty for all purposes as per the orders of the court.
Kirti Kar Tripathi
(Expert) 15 February 2013
Yes,He would be entitled for earned leave wages and he was reinstated in service with all consequential benefits. which means he is entitled for all the benefits, which he would have received as his service would have not been terminated and to which he would have received during this period.
Sudhir Kumar, Advocate
(Expert) 05 March 2013
consequential benefits mean that he was never out of service.
Raj Kumar Makkad
(Expert) 05 March 2013
First of all go through the final order pronounced and act accordingly.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup