STATE OF M P Vs. H.R. KANASKAR

JUDGEMENT

(1.) THIS order shall dispose of Writ Appeal No. 684/08 (The State of M.P. and others v. H.R. Kanaskar) and Writ Appeal No. 178/2008 (H.R. Kanaskar v. The State of M.P. and others), as both the appeals are arising out of the judgment dated 7.2.2008 passed by the learned Single Judge in Writ Petition No. 4576/2003 where-under the learned Single Judge has observed that the order of compulsory retirement stands quashed and the employee would be entitled to 50% of the back-wages. The State has challenged the direction to reinstatement and payment of 50% back-wages while the employee has challenged the order on the ground that 100% back-wages ought to have been allowed.

(2.) THE short facts necessary for disposal of the present Writ Petition are that somewhere in the year 1997 the employee/original petitioner was compulsorily retired from the service, therefore, he filed Original Application No. 1452/97. The petition came to be allowed on 22.4.1998, but the State Government being aggrieved by the said order passed by the State Administrative Tribunal filed Writ Petition No. 2043/98. The Writ Petition was disposed of by this Court with the following directions:

(3.) SHRI Sharma, learned counsel for the appellants after taking us through service record of the employee-original petitioner submitted that if for the period between April, 1979 to 31.3.1982 and for the period between 1.4.1994 to 31.12.1994 the petitioner was shown as average and had also been awarded certain adverse remarks, the authorities were justified in compulsorily retiring him. It is also submitted by him that assuming the direction for reinstatement was valid, then too the back- wages cannot be awarded in favour of the petitioner because he had not worked and the State Government had a justified cause to retire him compulsorily.