Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 9868 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 13032 OF 2017]
GOPAL DUTT SHUKLA Appellant (s)
VERSUS
BIHAR STATE ROAD TRANSPORT
CORPORATION AND ORS Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved by the denial of
service benefits for the period between 08.10.2004,
the date on which the order on compulsory retirement
was passed, and 28.11.2007, the date on which the
order of compulsory retirement was set aside and
reinstating him in service.
3. We have heard the learned counsel appearing for
the appellant as well as the learned counsel
appearing for the Corporation. The original order of
compulsory retirement imposed on the appellant on
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2018.10.06
12:35:03 IST
Reason:
08.10.2004 having been set aside on 28.11.2007, the
appellant would normally have been entitled to all
the consequential benefits. But the fact remains
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that he has not actually worked from the date of
punishment imposed on him i.e. from 08.10.2004 till
reinstatement pursuant to the order dated 28.11.2007.
4. Therefore, the respondents are directed to treat
the service of the appellant between the date of
compulsory retirement and the date of reinstatement
pursuant to the order dated 28.11.2007 as continuous
for all purposes, except for the actual wages.
5. In view of the above, the appeal is disposed of.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ SANJAY KISHAN KAUL ]
New Delhi;
September 24, 2018.