RAJENDRA PRASHAD Vs. KALTHAN PATHSHALA

JUDGEMENT

(1.) JUDGMENT : - The High Court in the judgment recorded the following findings :

(2.) Having recorded this finding, the High Court refused to exercise its discretion to grant a declaration that the order of suspension ceased to be operative with effect from 17th October, 1975. We think that the High Court was wrong in refusing to grant the declaration. We, therefore, declare that the order of suspension ceased to be operative with effect from 17th October, 1975. The appeal against the judgment of the High Court in Second Appeal No. 2038 of 1970 is disposed of accordingly.

(3.) In the appeal against the judgment of the High Court in 1st appeal No. 450 of 1982 : (reported in 1983 Lab IC NOC 24) we do not see how the appellant can be denied his salary for the period between 20th February, 1964 to January 15, 1966, the date on which the effective order of suspension was communicated to him. Instead of sending the case back to the trial court for determining the amount, we think that a decree may straightway be passed for a sum of Rs. 10,000/-which will include salary for the period, interest up to date and costs. It is so decreed. This amount will carry interest @9% from today, if not paid immediately. The decree of the trial court and High Court are set aside. The appeal is disposed of accordingly.