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
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 9 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.
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.
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