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(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | .Service Law – Back Wages – Respondents appointed as AdultEducation Supervisors – Posts of Adult Education Supervisorabolished – Challenge to – Appellants appointed the respondentsin the Non-Formal Education Scheme – Said scheme abolished w.e.f.1 st April, 2001 – Respondents terminated – Policy decision by StateGovernment on 20 th May, 2005 to adjust all the retrenched employees– Respondents appointed pursuant to the letter dated 16 th March,2007 – Writ petition filed by respondents for direction against theappellants to make payment of salary to them for the period from1 st October, 2001 till 3 rd July, 2007 and also to give continuity ofpast services to the respondents taking into account the same period– Writ petition allowed – On appeal, held: Respondents neitherchallenged the termination order after closure of the Non-FormalEducation Scheme w.e.f. 1 st April, 2001 nor the policy dated 20 thMay, 2005 under which they were appointed or the appointmentletter dated 16 th March, 2007 – They chose to file the subject writpetition only in 2013 and thus, it suffers from laches – Even theappointment letter dtd. 16 th March, 2007 stated that the appointmentwas a fresh appointment and the past services would be reckonedonly for the purpose of grant of pension and nothing more –Respondents acted upon such terms and conditions of appointmentwithout any demurrer – Unless the respondents are reinstated intheir previous post (held prior to 1 st April, 2001), the question ofawarding back-wages would not arise at all – Relief of back-wagesis and can be linked only to the order of reinstatement – It cannotbe awarded in isolation or during the period when the respondentswere not in employment at all – Respondents not entitled to the reliefsas claimed.. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 1010 |
Petitioner | The State Of Bihar And Ors. |
Respondent | Baliram Singh & Ors. |
SCR | [2018] 14 S.C.R. 45 |
Judgement Date | 2018-10-29 |
Case Number | 10806 |
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