PAWAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In the instant writ petition, the petitioner has sought for a direction to the respondents to grant arrears of salary for the period 2.4.2009 to 2.1.2011 and seniority in the cadre to which he was appointed w.e.f. 2.4.2009 with all consequential benefits along with 18% interest on the delayed payments of arrears from the date of accrual till realization.

(2.) The petitioner was appointed as Navik in the Indian Coast Guard. His services have been discharged on the ground that he was medically unfit. Aggrieved by the order of discharge, he approached this Court. This Court set aside the order of discharge on 18.11.2010 in CWP No.9960 of 2010. While allowing the petition on the ground that there is non-compliance of provisions of Rule 26 of Coast Guard (General) Rules, 1986, the petitioner was taken back to duty on 3.01.2011. The respondents have not taken further action except taking the petitioner to duty.

(3.) Learned counsel for the petitioner submitted that since order of discharge has been set aside by this Court, consequently, he is entitled for service benefits as well as monetary benefits for the intervening period from 2.4.2009 to 2.1.2011.