P RAJAN NAIR Vs. KULDIP SINGH

JUDGEMENT

(1.) This case has a chequered history spreading over more than one decade. We would like to trace the history of this case from the very beginning when the petitioner approached this court for the redressal of his grievances. The petitioner who was a temporary Salesman cum Assistant Accountant in the Cochin unit of the Indian Naval Canteen service (hereinafter referred to as Naval Canteen) filed O.P. No. 2990/82 challenging his termination of service with effect from 8.4.1982. The above original petition was allowed by judgment dated 30-10-1984 quashing the order of termination and declaring that the petitioner continued in service. The court also directed the naval canteen authorities to treat the petitioner as if he was continuing in service and to give him all consequential benefits including pay and allowances. The writ appeal filed against the above judgment was dismissed. The respondent took the matter to the Supreme Court. The Supreme Court in its order dated 10-3-1986 while confirming the judgment of this court limited the payment of backwages to half the amount.

(2.) The petitioner was reinstated in service only with effect from 8-4-1986. More over, the petitioner was requested to sign a letter by which he was compelled to accept the appointment as a fresh appointment on the terms and conditions provided therein, the petitioner also was intimated that his services would be terminated if he failed to signify the acceptance of the fresh appointment. The above action of the respondent was challenged by filing O.P. No. 4466/1986, which was disposed of by this court as per Ext. P1 judgment dated 3rd October 1986. It is useful to extract Para.5 of the above judgment in order to appreciate the rival contentions but forward by the petitioner and the respondent.

(3.) Finally, this court quashed the orders impugned in the above original petition and respondent was directed to work out and to give the benefits to the petitioner in the light of the above observations, and also to give all the benefits to which the petitioner was entitled to in terms of the decision of this court as expeditiously, as possible, at any rate within a period of three months.