The High Court of Delhi dismissed the petitioner's review petition, holding that an exonerated government servant is entitled to full pay and allowances under Rule 54(2) of FR 54, distinguishing this from Rule 54(4) for partial compensation scenarios.
The review petition filed by the petitioner was dismissed with no merit found in the submissions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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KENDRIYA VIDYALAYA SANGATHAN ..... Petitioner Through: Mr. U.N. Singh, Advocate.
versus
REKHA JAIN ..... Respondent Through:
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI
O R D E R
% 08.05.2019
C.M. No. 21163/2019
W.P.(C) 4756/2019 and C.M. No. 21162/2019
to seek review of the earlier order dated 18.05.2018 passed in C.P. No.56/2018 filed in O.A. No.3782/2013. Vide order dated 25.07.2017 passed in O.A. No.3782/2013, the Tribunal directed the petitioner to pay salary to the respondent for the period from 14.12.2009 to 02.07.2012 in accordance with FR 54.
“ Shri S. Rajappa, learned counsel for the respondents, has placed on record a copy of the order dated 12.04.2018 passed by the respondents in compliance of the order of this Tribunal. We have perused the same and the order has not been fully complied. Learned counsel for the respondents seeks four weeks’ time for reporting full compliance order. Prayer is allowed.
List on 01.08.2018. ”
inter alia, states that where the Competent Authority which passed the order of reinstatement is of the opinion that the Government servant who had been dismissed or removed or compulsory retired has been fully exonerated, the Government servant shall, subject to the provisions of sub-Rule (6), be paid the full pay & allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be. Thus, subject to compliance of sub-Rule (6) – which is only a procedural requirement, the exonerated Government servant will be entitled to full pay & allowances for the period in question.
same.
VIPIN SANGHI, J
REKHA PALLI, J
MAY 08, 2019 B.S. Rohella
2 issues framed by the court
Whether an exonerated government servant is entitled to full pay and allowances for the period of suspension under Rule 54(2) of FR 54.
Whether Rule 54(4) of FR 54 applies in a case falling under Rule 54(2) involving full exoneration.
2 provisions across 2 enactments
KENDRIYA VIDYALAYA SANGATHAN
REKHA JAIN
VIPIN SANGHI
REKHA PALLI
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
