C.N. MALLA versus STATE OF JAMMU AND KASHMIR & ORS.

C.N. MALLA versus STATE OF JAMMU AND KASHMIR & ORS.

While procedural rules for termination were violated, and the appellant was entitled to back wages, the grant of full back wages is not automatic; the Court, considering the delay in approaching the Court and the appellant's professional status as a doctor, held justice would be met by awarding 50% back wages from the date of filing writ petition until superannuation.

Parties
Appellant: C.N. Malla; Respondents: State of Jammu and Kashmir & Ors.
Jurisdiction
India
Judgment Date
24 August 2009
Procedural Posture
Civil Appeal / Decision on Appeal From Judgment of High Court Division Bench
Outcome
Appeal partly allowed
Legal Topics
Back Wages, Disciplinary Proceedings, Termination of Service, Exercise of Judicial Discretion in Back Wage Awards
Service Law Back Wages Disciplinary Proceedings Termination of Service Exercise of Judicial Discretion in Back Wage Awards

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Parties

C.N. Malla

Appellant

State of Jammu and Kashmir & Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From Judgment of High Court Division Bench

Legal Issues

  1. 1 Whether the Division Bench of the High Court was justified in setting aside the order awarding back wages to the appellant from date of filing writ petition upto date of superannuation

Ratio Decidendi

While procedural rules for termination were violated, and the appellant was entitled to back wages, the grant of full back wages is not automatic; the Court, considering the delay in approaching the Court and the appellant's professional status as a doctor, held justice would be met by awarding 50% back wages from the date of filing writ petition until superannuation.

Court Disposition

Appeal partly allowed

Orders

  • Appellant is awarded 50% back wages from date of filing writ petition until age of superannuation.
  • Payment of due amount to be made within one month, failing which it will carry simple interest at 9% per annum from May 16, 1994 till date of actual payment.