Consequential benefits

ASHOK KUMAR CHOPRA (Querist) 04 April 2020 This query is : Resolved
Sir,
I was terminated by my Deptt. during probation without conducting any enquiry. I challenged the matter bin CAT & CAT Awarded the case in my favour with Reinstatement & all consequential benefits but without pay on NO WORK NO PAY basis. The Deptt. Challenged the case in High court against CAT decision. I also filed a cross writ for payment during the pendency of case in CAT. After 7 long years High court dismissed Department petition as well as my petition for back wages of payment during the pendency of case in CAT. Now I have been reinstated & my pay & seniority has been fixed notionally. I have granted my next promotion also. Now my query is that can I get my backwages from the date of CAT Decision till my reinstatement (as I challenged back wages
in High court denied by CAT during pendency in CAT ) Also clarify am I entitled to leave encashment during the pendency of case .l have also not been Granted MACP since I have completed 11 Years in my present Rank itself.

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Quick Summary

An individual terminated during probation was reinstated by CAT with consequential benefits, but without pay on a 'no work, no pay' basis. After a lengthy legal battle in the High Court, both the department's and the individual's petitions were dismissed. While reinstated with notional pay and seniority, and granted a promotion, the individual is now seeking clarification on entitlement to back wages from the CAT decision until reinstatement and leave encashment during the court case. They also question the delay in MACP benefits.

Raj Kumar Makkad (Expert) 04 April 2020
This is your repeated query. I have already attended your previous query. Refer to the same reply.

Rajendra K Goyal (Expert) 05 April 2020
Full decision of High Court and CAT need to be referred, discuss with your lawyer in detail.

If the order contains nothing regarding leave encashment / regarding other benefits , you are not entitled.

Advocate Suneel Moudgil (Expert) 05 April 2020
Consult with a prominent lawyer along with relevant documents for a thoughtful revert

Message likes : 1 times

T. Kalaiselvan, Advocate (Expert) 07 April 2020
Your same question was properly attended and plenty of experts have given proper opinions hence there is no need repeating the same question.
You can go through the previous thread for knowing the comments of experts.

Rajendra K Goyal (Expert) 07 April 2020
Please avoid repeating of the query.

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