NABA KISHORE PATI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ application was filed by late Naba Kishore Pati seeking a mandamus to the opposite parties directing them to pay him his salary for the period from 27. 3.1976 to 21.2.1978 during which he was kept out of employment by reason of an order of termination which was quashed by this Court in O. J.C. No. 295 of 1976. Naba Kishore passed away during the pendency of the writ application. His widow and children have been brought on the record in his place and they are prosecuting this case claiming the benefits which would have been available to Naba Kishore.

(2.) NABA Kishore was serving as a Telegraphist under the opposite parties. His service was terminated by an order dated 27. 3. 19 6. He approached this Court for a certiorari and this Court in O. J. C. No. 295 of 1976 by judgment dated 2. 9. 1977 quashed the order of termination and declared 'the petitioner shall be deemed to be an employee on temporary basis against a permanent vacancy as before and shall be entitled to all service advantages on that basis'. Naba Kishore was reinstated in service with effect from 21. 1. 1978. He has claimed his entitlements from the period during which he was kept out of service by the illegal order.

(3.) IT is now well -settled to admit of no controversy that an employee is entitled when the order of removal is set aside, to be paid his remuneration for the period during which he was unjustifiably kept out of employment. See 1985(3) S. C. C. 153 ; K. C. Joshi v. Union of India and Ors. This Court while quashing the order had declared that Naba Kishore would be entitled to all service advantages on that basis, namely, he should be entited to his remuneration for the period as if he was in service but had not been paid for the period. Accordingly there is no merit in the opposition. The writ application has to be allowed.