THE DIRECTOR GENERAL, I.C.M.R. versus DR. D.K. JAIN AND ANR.

THE DIRECTOR GENERAL, I.C.M.R. versus DR. D.K. JAIN AND ANR.

An employee reinstated with continuity of service and original seniority, but denied back wages for a period of employment elsewhere, cannot be deprived of pension and retiral benefits for that period.

Parties
Appellant: THE DIRECTOR GENERAL, I.C.M.R.; Respondent No. 1: DR. D.K. JAIN; Respondent No. 2: ANR.
Jurisdiction
India
Judgment Date
09 March 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Pensionary Benefits, Retiral Benefits, Reinstatement, Seniority, Back Wages
Service Law Pensionary Benefits Retiral Benefits Reinstatement Seniority Back Wages

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Parties

THE DIRECTOR GENERAL, I.C.M.R.

Appellant

DR. D.K. JAIN

Respondent No. 1

ANR.

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether period of employment in another organization should be included for computation of pensionary and retiral benefits upon reinstatement
  2. 2 Whether refusal of back wages for interim period affects pension entitlements

Ratio Decidendi

An employee reinstated with continuity of service and original seniority, but denied back wages for a period of employment elsewhere, cannot be deprived of pension and retiral benefits for that period.

Court Disposition

Appeal dismissed

Orders

  • Appellant's appeal is dismissed. Respondent No. 1 is entitled to computation of pensionary and retiral benefits for the disputed period. Counsel's fee assessed at Rs. 5,000/-