NDLI: Chief Regional Manager, United India Insurance Company Limited Vs. Siraj Uddin Khan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Payment of arrears of salary and other benefits Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Payment of arrears of salary and other benefits – Respondent-assistant typist was transferred from Allahabad Branch to Jaunpur Branch – He did not join the said branch and was unauthorisedly absent from 02.02.2007 – Disciplinary proceedings were initiated against him – By order dated 14.05.2009, disciplinary authority held respondent guilty of charge of unauthorised absence – Thereafter, respondent attained the age of superannuation on 20.06.2012 – On 26.06.2012, disciplinary authority terminated his services – Appeal against the said order dated 26.06.2012 was dismissed on 18.07.2014 – Writ petition was filed by respondent against the orders dated 14.05.2009, 26.06.2012 and 18.07.2014 – Single Judge of the High Court by order dated 29.05.2015, set aside the order dated 26.06.2012 and insofar order dated 14.05.2009 was concerned, no relief was granted to the respondent – However, Division Bench of the High Court by order dated 15.02.2016 quashed the order dated 14.05.2009 and held appellant entitled to all consequential benefits – Since, the said order of the Division Bench of the High Court was not challenged it has become final – Thereafter, respondent filed another writ petition praying for payment of salary from January, 2007 to June, 2012 – The Single Judge of the High Court held that appellant was entitled for salary w.e.f. 02.02.2007 upto 14.05.2009, since order dated 14.05.2009 was set aside by the Division Bench of the High Court – Further, order dated 26.06.2012 was also set aside by the Single Judge of the High Court by order dated 29.05.2015, thus, salary w.e.f. 14.05.2009 to 20.06.2012 cannot be denied to the respondent – On appeal, held: In pursuance of the order of the Division Bench of the High Court dated 15.02.2016, the respondent is entitled to receive salary from 02.02.2007 to 14.05.2009 – Insofar claim for salary or back wages for the period 14.05.2009 to 20.06.2012 is concerned, there is no adjudication regarding claim of salary or back wages to the respondent in the impugned judgment of Single Judge for the period 14.05.2009 to 20.06.2012 – Single Judge was of the opinion that in view of the setting aside of the order dated 26.06.2012, payment of salary is automatic, this view of the Single Judge is not correct – The present is not a case where the respondent was dismissed from the service and consequent to dismissal, he could not work and when dismissal was set aside, he will be automatically entitled for back wages – Therefore, direction of the High Court to the appellant to make payment of salary after 14.05.2009 till 20.06.2012 set aside – Further, appellant directed to consider the claim of respondent for back wages after 14.05.2009 to 20.06.2012.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 752
Petitioner	Chief Regional Manager, United India Insurance Company Limited
Respondent	Siraj Uddin Khan
SCR	[2019] 9 S.C.R. 232
Judgement Date	2019-07-11
Case Number	5390

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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Chief Regional Manager, United India Insurance Company Limited Vs. Siraj Uddin Khan

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