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Judgment
By way of this appeal, the appellants have challenged the
judgment and order whereby the learned Single Judge has partly
allowed the writ petition preferred by the petitioner (respondent
herein) with the direction that the original petitioner be reinstated
with 50% back wages from 05.08.1992 to 31.12.2007 and the
pensionary benefits also be given to him.
Contention raised by the learned counsel for the appellants
in the appeal is that the respondent was convicted in a criminal
case from 1992 till his retirement. Therefore, there was no error
on the part of the appellants to relieve the respondent from
service. In that view of the matter, during the period he was
convicted, since he has not worked, he is not entitled for back
wages. He has further contended that he could have been given
the notional benefits. No other benefits can be granted.
Learned counsel for the respondent has supported the order
passed by the learned Single Judge and contended that the
termination order was passed by the appellants on the basis of his
conviction in a criminal case and since he has been acquitted in
the aforesaid case, he was entitled to the back wages.
Heard learned counsel for the parties.
Taking into consideration the fact that the respondent was
convicted on 19.06.1992, retired on 31.12.2007 and acquitted by
this Court on 27.11.2008 and till the judgment of the High Court
in 2008, he attained the age of retirement, in our considered
opinion, there was no error on the part of the appellant
Management to relieve him. However, now in view of the order of
the learned Single Judge, he will be given only notional benefits
from 05.08.1992 till 31.12.2007 and after that actual benefits of
pension etc. will be granted within a period of two months from
today with all consequential benefits. The arrears should be paid
from 01.01.2008 till 28.02.2017 within a period of three months.
If the amount is not paid, he will be entitled to interest at the rate
of 9% per annum from 01.01.2008 on monthly basis and interest
will be recovered from the Officer who is dealing with the matter.
The appeal is allowed to the aforesaid extent.