Manorma Verma (Smt) vs State of Bihar and Others

Delay condoned.

Special Leave granted.

We have heard counsel for the parties. The High Court came to the conclusion that the termination of service of the appellant was illegal and unsustainable. An attempt was made by Mr. B. B. Singh, learned counsel for the State of Bihar to satisfy us that the initial appointment of the appellant was invalid and illegal and, therefore, she was not entitled to the benefit of backwages. We find from the order of the High Court against which the State has not appealed that the High Court came to the conclusion that "nothing has been brought on the record nor argued that the petitioner''s appointment as house-keeper was illegal or made by an authority who had no jurisdiction to make the appointment. On the other hand, High Court noted that her appointment was made against a sanctioned post. Mr. B. B. Singh submitted that this conclusion of the High Court was on account of the State Government having not filed a counter to the petition filed by the appellant. Even if that contention is valid, the point is concluded by the High Court unless reversed in appeal. This Court cannot permit counsel to urge the point across the bar by referring to the files.

We do not see any justification for the High Court not allowing the appellant backwages after it came to the conclusion that the termination was illegal. Ordinarily, the consequential order of grant of backwages must follow, unless there are reasons on record which would justify a departure from the normal order. We do not see any reasons on record to come to the conclusion that the appellant was not entitled to backwages. There is also nothing on record to show that during the period she was out of service, she was gainfully employed elsewhere. In the circumstances, we allow this appeal and set aside that part of the High Court''s order by which the appellant was denied backwages and award her backwages from the date of termination of service till she was re-instated in service under the impugned order of the High Court. The appellant will be paid her backwages within three months from today. There will be no order as to costs.