Nikil Balagavi 16 May 2023

service matter

In lokayukta case, both in district and high court, judgement was my favor but in departmental enquiry they made me complsary retirement then I filled KAT they upheld the copulsary retirement then appealed to high court they reduced funishment into withholding 5 annual increment with cumulative effect but service left 2 year's
Can i appeal to High Court for reconsideration?
,,,, Further what can I do pls suggest,,,

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 17 May 2023

Since the high court had passed an order based on the original applicaiton, you may prefer a writ appeal to revise the orders to accommodate your retirement benefits accordinlgy.

Dr J C Vashista (Advocate) 17 May 2023

The facts posted are some what not clear as to whether order of departmental inquiry was of compusory retirement was upheld and/or District and High Court order(s) were in your favour ??

What did you file as "KAT" which has stated to have upheld ?

Sudhir Kumar, Advocate (Advocate) 19 May 2023

"Penalty period for five years and service remaining two years"

prima-facie not objectionable because the employee will nto be service five years and he will get his terminal due baed on the last pay drawn.

However, in the present case, it appears that your penalty has not been reduced rather it has been enhanced. As per earlier order you would have drawn pension/gratuity/leave encahsment at current rate and now you will be getting the same on reduced pay.

Thereby the intention of the high court in reducting penalty is itself defeated by the order.

further views can be expresed on on perusal of the papers whichIbelive will be about 10 Kg by now.