Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7364 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 4399 OF 2016 ]
D.T.C. Appellant(s)
VERSUS
GIAN CHAND Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellant is aggrieved by the impugned order
dated 05.10.2015 passed by the High Court of Delhi in
LPA No. 739 of 2008, by which the respondent has been
directed to be reinstated with 60% back wages.
3. Having heard the learned counsel appearing on
JUDGMENT
both sides, we are of the view that there is no
justification in awarding back wages in the facts of
the present case.
4. Therefore, the direction of payment of back wages
is vacated. All other consequential benefits will
follow, which would mean that the respondent would be
reinstated as per the award with continuity of
service, but without any back wages.
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5. We make it clear that in case the respondent has
been denied an option for pension in view of the fact
that at the relevant time of option, he was not in
service, now that he is deemed to be in service for
all other benefits except the monetary benefits, he
shall be given fresh opportunity for an option for
pension before his date of superannuation.
6. With the above observations and directions, the
appeal is disposed of.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
August 08, 2016.
JUDGMENT
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