Writ appeal allowed. The Court set aside a Single Judge order directing 50% backwages. It held Rule 55 CISF Rules bars backwages for those not exonerated from charges and reiteration of relief constitutes a fresh petition without prior ruling.
Order dated 6.7.2010 setting aside 50% backwages; Writ Appeal allowed; No costs; Connected M.P.No.1 of 2011 closed.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 15.10.2014 The date of decision : 17.10.2014
Coram:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
and THE HONOURABLE MRS.JUSTICE ARUNA JAGADEESAN
W.A.No.1632 of 2011
vs.
M.P.Rao Inspector/Exe No.854511569 Central Industrial Security Force Neyveli Lignite Corporation Neyveli .. Respondent/Petitioner
The Writ Appeal has been filed against the order dated 6.7.2010, made in W.P.No.1373 of 2010 on the file of this Court.
Petition presented under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records relating to the order passed by the 3rd respondent in his order No.V-15014/NLC/Maj/MPR/2009/12537 dt.6.11.2009 and to quash the same and to direct the respondents to regularize the services of
period from 30.1.2005 to 14.5.2009 as on duty and to pay back wages promotion and all monetary benefits.
For Appellants : M/s.Sudharshana Sundar
For Respondent : Mr.Mohammed Ibrahim Ali for Mr.A.S.Mujiburrahman J U D G M E N T
M.JAICHANDREN J.,
Heard the learned counsels appearing for the parties concerned.
setting aside the order of punishment of compulsory retirement from service imposed on the respondent and by imposing a lesser punishment of reduction of pay by three stages in the time scale of pay, for a period of two years, without cumulative effect. However, the relief prayed for by the respondent in the said writ petition, with regard to the payment of backwages, had not been granted. Therefore, it would not be open to the respondent to file a fresh writ petition, in W.P.No.1373 of 2010, praying for the payment of backwages and other monetary benefits for the period, from 30.1.2005 to 14.5.2009.
view of the order passed by the Division Bench of this Court, dated 27.4.2009, made in W.P.No.40062 of 2006.
Sd/-
Assistant Registrar(CS-IV)
Dated: 5.11.2014
//True Copy//
Sub Assistant Registrar
To
1. The Director General
Central Industrial Security Force
Block No.13, CGO Complex
Lodhi Road, New Delhi – 3
2. The Inspector General
Central Industrial Security Force
Southern Sector
CHPT Campus, Chennai
3. The Dy. Inspector General
Central Industrial Security Force
Neyveli Lignite Corporation
Neyveli
4. The Group Commandant
Central Industrial Security Force
Group Head Quarters
Rajai Bhavan, Besent Nagar
Chennai – 600 090
+1 cc to Mrs.Sadharshana Sunder, Advocate,SR.49734
+1 cc to Mr.A.S.Mujibur Rahman,Advocate,SR.49973.
ng(co)
krd 7/11
Judgment in W.A.No.1632 of 2011
3 issues framed by the court
Whether an employee undergoing compulsory retirement is entitled to backwages under Rule 55 of the CISF Rules, 2001.
Whether a fresh writ petition can be filed for backwages after a Division Bench has already modified the punishment but expressly denied such relief.
Whether the single Judge's order granting partial backwages to an unappointed employee was sustainable in law.
2 provisions across 2 enactments
The Director General Central Industrial Security Force and Others
M.P.Rao
M.JAICHANDREN
ARUNA JAGADEESAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
