Back wages on reinstatement
lakshman
(Querist) 20 August 2014
This query is : Resolved
sir, i am placed under suspension bcoz of spending more than 48 hours in remand due to 498A case on me.after seven months i appelead for the honourable tribunal for the reinstatement,which gave order in favour of me and mentioned in the order that
"the suspension is illegal, arbitrary and set aside the same with a consequential direction to the respondent to reinstate the applicant into service forthwith with all consequential benefits". basing on the tribunal order my authorities reinstated me into service quoting "finalization of disciplinary proceedings and subject to out come of the result of the judgement in the criminal case filed".nothing more than this is mentioned.
my questions are
1) what about my suspension period ? is it rugalarized or not?
@) what about the salary for the suspension period? am i eligible to get my full salary or i have to content with subsistence allowance for the said period?
3) what about my salary after joining in the duty? am i eligible to get my annual increments or not? is it will be postponed ?
plz clarify my doubts on the above issues?
thanks in advance for kind consideration and replies
Sudhir Kumar, Advocate
(Expert) 20 August 2014
prima facie judgement of tribunal is not satisfied.. Discuss possibility of Cp. Meet your lawyer.
Rajendra K Goyal
(Expert) 21 August 2014
The department has not obeyed the decision of the tribunal. You are entitled for the back wages and other benefits mentioned in the order. Consult your lawyer to proceed further.
Kumar Doab
(Expert) 22 August 2014
Consequential benefits have been allowed.
Claim wages, leaves (including encashment), PF, Gratuity everything................Let Dept state whatever it want in writing......
T. Kalaiselvan, Advocate 
(Expert) 25 August 2014
The record of denying the rights by your department be obtained in writing, based on which you may proceed legally against the decision by the department.
Sudhir Kumar, Advocate
(Expert) 26 August 2014
no need to obtain the record of denial from deptt. If the deptt does not have any record to produce before court to be convinced that the judgement is satisfied in letter and spirit, the Contempt succeeds.
No deptt is going to write " we are neither appealing against judgement ______ nor complying"
Advocate. Arunagiri
(Expert) 26 August 2014
If any disciplinary proceedings are pending, the will regularize the suspended period, only after disposing that disciplinary proceedings.
Criminal proceedings and departmental proceedings are separate issues.
Isaac Gabriel
(Expert) 29 August 2014
If disciplinary action and criminal case are based on same charge the department need to wait for the disposal of the court verdict.Your sapart and arrears falling out consequent on TAT orders cannot be witheld.
