Regarding Salary fixation
7 months ago
My father was junior clerk in district hospital baharaich U.P.He was terminated on the basis of forge job allegations. He won the case in highcourt and highcourt ordered that The government will have to pay the arrear of salary with 12 percent interest. UP Government appealed in the Supreme court and we won the case in supreme court also but supreme court ordered that In consequence of this dismissal order, the appellants are directed to implement the highcourt 12.07.1999 order without any delay. It is, however, made clear that the respondent shall not be entitled to any arrears of salary for the period when he did not render service(no work no pay)However, his service is deemed to be continuous for only the limited purpose of pension. It is ordered accordingly.
My question is
Will his 35 years of service will be counted and salary will be fixed accordingly or he will be given basic pay lika a new join.
The Supreme Court has modified ther order of the High Court to the extent of payment of back wages for the period your father remained out ot employment giving continuity of service for the purpose of pension. That means reinstatement in service with continuity of service for the intervening period. Once a continuity of service is allowed then fixation of salary on his rejoining the service in compliance with Courts order is required to be made extending all the benefits of scale of pay and grade he was eligible during the intervening period. Continuity of service for pension purpose means to protect the pecuniary loss of an employee on his retirement from service. To render such protection, an employee's salary cannot be fixed at new scale of pay/grade on his reinstatement/rejoining in service. For any kind of discripancy in implementation of Courts order or fixation of salary or grade on rejoining of service if appears on the face of record, reach out to the office of the State Labour Commissioner concerned who are the implementing authroiety under I D Act, 1947
To get a clear understanding of how this order will be implemented in your father's case, it would be advisable to consult with a legal professional who Fight your case.
Regards
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