Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Back wages – Appellant was appointed as Staff Nurse with the respondent – Enquiry was held against her that she professed to belong to Scheduled Caste (SC) category but she did not belong to SC category – Tahasildar found that she did not belong the SC community – Single judge of High Court upheld the decision of Tahasildar – Disciplinary Authority dismissed her service on the basis of decision of Tahasildar – Appellant appealed against the decision of Single Judge – Division bench allowed the appeal and found that actually the power to rule on the caste status did not lie with the Tahasildar and directed Competent Authority to verify status – Competent Authority accepted the claim of appellant and she was reinstated without any consequential benefits – On writ petition, High Court directed inter alia 50% of back wages – In the instant appeal, appellant contended that denial of full back wages was not sustainable as she was not at fault – Held: Appellant was dismissed from service only on the report given by the Tahasildar – There was no other charge against her regarding any kind of misconduct or misrepresentation – Competent authority had cleared the appellant and she stood vindicated by the view expressed by the authority, which, in law, could possibly have found as to which caste she belonged to – It was a case, therefore, where the appellant was completely blameless in the matter – If the employee is not at all at fault and she was kept out of work by reasons of the decision taken by the employer, then to deny the fruits of her being vindicated at the end of the day would be unfair to the employee – Therefore, interests of justice, in the facts of this, would be subserved, if the back wages is enhanced from 50% to 75% of the full back wages, which she was otherwise entitled. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 226 |
Petitioner | Gowramma C (dead) By Lrs |
Respondent | Manager (personnel) Hindustan Aeronautical Ltd. & Anr. |
SCR | [2022] 1 S.C.R. 734 |
Judgement Date | 2022-02-23 |
Case Number | 1575 |
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