RAJINDER KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The instant writ petition has been filed seeking a direction to be issued to the respondents to re-fix the salary of the petitioner in the old pay scale while also granting promotions, annual increment, and arrears of salary along with 18% interest per annum.

(2.) In brief, the facts are that the petitioner, while working in Municipal Committee, Ahmedgarh, as peon came to be regularized on 9.9.1981. His services were terminated on 4.7.1983 after giving him salary in lieu of notice. The termination order was challenged before the Labour Court which dismissed the claim of the petitioner by award dated 27.1990. The impugned award was challenged in CWP No. 9885 of 1990 before this Court and the award passed by the Labour Court was set aside and the petitioner was directed to be reinstated in service with continuity in service. The LPA against the orders passed by this Court was also dismissed on 3.7.2009 and eventually the petitioner was asked to rejoin services by letter dated 30.11.2009. Instead of granting him salary and benefits of continuity in service, the petitioner was paid according to the new scale. Aggrieved the petitioner approached the Municipal Committee, Ahmedgarh but to no avail, hence this writ petition.

(3.) Mr. S.S. Kamboj, learned counsel appearing on behalf of the petitioner, contends that once the petitioner had been reinstated in service with continuity of service, it would necessarily mean that he would be deemed to be in service without any break therein and as a necessary consequence would also be entitled to the same pay scale as he was drawing as on the date his services had been terminated.