CIVIL, Service Law

Union of India & Ors. Vs. Shiba Prasad Mitra[SC 2017] SERVICE

KEYWORD- Compulsory Retirement-reinstatement-consequantal benefit

SC INDEx

The respondent shall be deemed to have been reinstated as per the impugned order, but shall be deemed to have compulsorily retired from service as on today. All the consequential benefits arising out of such reinstatement and compulsory retirement shall be disbursed to the respondent within a period of three months from today.

SUPREME COURT OF INDIA

NON-REPORTABLE

[Civil Appeal No. 15444 of 2017 arising out of S.L.P. (Civil) No. 19403 of 2017]

BENCH:- (KURIAN JOSEPH) (R. BANUMATHI)

KURIAN, J.:

1. Leave granted.

2. Appellants are before this Court aggrieved by the impugned Judgment dated 10.08.2016 by the High Court. The High Court upheld the order passed by the Central Administrative Tribunal, Calcutta to reinstate the respondent in service with back wages from the date of termination. In the nature of the order we propose to pass, it is not necessary to go into the factual matrix.

3. Thanks to the gracious cooperation extended by the learned Solicitor General and also by the learned Counsel appearing for the respondent, we are in a position to dispose of this appeal without going into the merits of the matter.

4. Though several contentions have been taken by the parties, as agreed, the respondent shall be deemed to have been reinstated as per the impugned order, but shall be deemed to have compulsorily retired from service as on today. All the consequential benefits arising out of such reinstatement and compulsory retirement shall be disbursed to the respondent within a period of three months from today.

5. With the above observations and directions, this appeal is disposed of.

New Delhi;

September 22, 2017