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M R Shaikh (Law Student)     24 September 2013

Reinstatement & back wages

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. What is the period(during the order can be challenged) for challenging from the date of the order. 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."


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