• Meaning of Judgment dated 19/05/2016

NOTE FOR SENIOR ADVOCATEs 

JUDGMENT :  WPS 5567/2011 dated 16/09/2011 , Jharkhand High Court 

 Viewed thus, the petitioner is entitled to get protection against ouster from services, but no other benefit, hence, the impugned order dated 23.06.2009 passed by respondent no. 5 pertaining to dismissal of the petitioner from services and appellate order dated 17.06.2011 are hereby quashed and set aside. In the meantime, if the petitioner has not superannuated from services, he may be reinstated in services forthwith.

My date of birth is 15/06/1954 ..Superannuation  date : 01/07/2014
1.	Please clarify whether the following will be paid …….   
a.	Arrear of salary /back salary , 
b.	 Bank’s contribution to PF 
c.	Gratuity 
d.	Leave encashment 
2.	After 29 years of service  full pension is entitled but at the time of second option of pension petitioner was out of service and settlement  stated as follows …. Option form to be filled in by the employees who have been in service of the bank prior to 29th September ,1995 and continued in service of the bank on the date of settlement i.e. 27th April ,2010 . Form was filled in and sent directly to Personnel Department , HO , KolKata through courier .

3.	Justice delayed by the court , whether compensation can  be granted by Higher Court  since fruit of judgment now can not be tasted despite reinstatement.

4.Should I move to supreme court ?
Asked 10 months ago in Constitutional Law from Ranchi, Jharkhand
The impugned judgment says that the petitioner has been protected from ouster without allowing the benefits attached to the employment during the suspended period.
If aggrieved by the judgment (naturally), you may knock the doors of supreme court because as rightly observed by you that despite a favorable judgment in your side you may not be able avail the fruits of the judgment.
T Kalaiselvan
Advocate, Vellore
17497 Answers
165 Consultations
5.0 on 5.0
You seem to have a valid ground to move the Supreme Court. When reinstatement has been ordered the employee qualifies to get the arrears of salary, PF and all other benefits related to his employment. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
1) you would be entitled to arrears of your salary , gratuity, PF etc

2)you  should not move the SC as you have been reinstated in service and if you are reinstated you would get your salary arrears etc 
Ajay Sethi
Advocate, Mumbai
27369 Answers
1488 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Constitutional Lawyers

Ajay Sethi
Advocate, Mumbai
27369 Answers
1488 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
3156 Answers
47 Consultations
4.9 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1306 Answers
71 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1987 Answers
80 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations
4.9 on 5.0
Nahush Khubalkar
Advocate, Nagpur
45 Answers
9 Consultations
5.0 on 5.0
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations
5.0 on 5.0