Reinstatement in service & back wages
M R Shaikh
(Querist) 23 September 2013
This query is : Resolved
Respected Sir,
In a case where govt employee was terminated illegally and the Later the Hon'ble CAT,Principle Bench,Delhi order " The Applicant shall be reinstated in service with consequential benefits of seniority, pay fixation and promotion. He will, however, not be paid back wages for the period he has not actually worked"
In this case the Tribunal did mentioned that he will not be able to get back wages..now the question is that applicant was terminated illegally by the department with out following the government rule & procedure,The applicant was out of service for the three with out being his fault.
Now my question is that can applicant file a case in High court only challenging the back wages does any high court or supreme court ruling will help him getting the compensation for the his loss. or he can get back wages for the period."
venkatesh Rao
(Expert) 23 September 2013
Yes, File a writ before high court. He can confine his relief for back wages.
P. Venu
(Expert) 23 September 2013
A Writ of Certiorari lics to the High Court on the question of denial of back wages. But please note that a writ is not an appeal; The High Court would intervene only if there is patent illegality or irregularity.
The settled principle is that there is no automatic payment of back wages in each and every case of reinstatement. This depends on lot many factors: whether the exoneration was on merits or mere technicalities, whether the employee was gainfully employed during the period, whether the inquiry proceedings were delayed because of the employee etc. etc.
In the instant case, there may be some reason why the CAT had denied the back wages. Please find out.
venkatesh Rao
(Expert) 24 September 2013
My reply was to the facts mentioned in para 2 of the query. Without seeing the original judgment, no one can ever give correct opinion. My reply is to the rhetoric question.
Sudhir Kumar, Advocate
(Expert) 16 October 2013
you have put so many threads mostly repeating same things :- http://www.lawyersclubindia.com/forum/Service-termination-79251.asp#.Uk-_yFPQyVE http://www.lawyersclubindia.com/forum/Renistatement-in-service-amp-back-wages-89105.asp#.Uk-_vlPQyVE http://www.lawyersclubindia.com/experts/Time-frame-for-challenging-CAT-order-in-high-court-425116.asp#.Uk-_vlPQyVE http://www.lawyersclubindia.com/forum/Time-frame-for-challenging-cat-order-89259.asp#.Uk-_u1PQyVE http://www.lawyersclubindia.com/forum/Reinstatement-amp-back-wages-89180.asp#.Uk-_vFPQyVE http://www.lawyersclubindia.com/experts/Reinstatement-Back-wages-424891.asp#.Uk-_vFPQyVE
why you think that the experts giving free advise here can repeatedly keep advising same thing.
IT IS TIME FOR YOU TO MEET A WELL CHARGING LAWYER WITH ALL PAPERS.
ajay sethi
(Expert) 16 October 2013
repeated query no reply
M R Shaikh
(Querist) 03 March 2014
thank you so much sir
