Full Judgment Text
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PETITIONER:
R. PARANGUSAM
Vs.
RESPONDENT:
CHIEF ELECTRICAL INSPECTOR & ANR
DATE OF JUDGMENT: 22/07/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
CITATION:
1996 SCALE (5)697
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL WITH NO. 9865 OF 1996
(Arising out of S.L.P. (C) No. 14996/93)
O R D E R
Delay condoned.
Leave granted.
We requested Shri C.S. Vaidyanathan, learned senior
counsel to assist the appellant. We have heard the arguments
for the State and also Mr. C.S. Vaidyanathan. The Tribunal
in the impugned order, while setting aside the order of
compulsory retirement from service, remitted the matter to
the Government to conduct the enquiry afresh after giving
opportunity to the appellant and based thereon to pass
appropriate orders for fixation of the pension etc. It is
not in dispute that the appellant has already retired from
service. It is also not in dispute that the advances drawn
for construction of the house allotment of the house in the
name of his wife by Housing Board has already been redone.
Consequently, there is no detriment caused to the State.
Since he had already retired from service, we think, on the
facts and circumstances of the case, it is not a case for
conducting a fresh enquiry as directed by the Tribunal. The
order of the Tribunal is set aside. The Government is
directed to consider his case fur promotion on par with the
juniors who were promoted pending enquiry, and then grant
him promotion if he is found eligible with all consequential
reliefs. The Government will also redetermine his notional
scale of pay on the promotional post and pay the arrears of
salary and also pension as if he had retired on promotional
post. This action should be taken and payment made within a
period of six weeks from the date of the receipt of is
order.
The appeals are accordingly allowed. No costs.