Vs. Chief Electrical Inspector & Anr  INSC 837 (22 July 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCALE (5)697
APPEAL WITH NO. 9865 OF 1996 (Arising out of S.L.P. (C) No. 14996/93)
O R D
requested Shri C.S. Vaidyanathan, learned senior counsel to assist the
appellant. We have heard the arguments for the State and also Mr. C.S. Vaidyanathan.
The Tribunal in the impugned order, while setting aside the order of compulsory
retirement from service, remitted the matter to the Government to conduct the
enquiry afresh after giving opportunity to the appellant and based thereon to
pass appropriate orders for fixation of the pension etc. It is not in dispute
that the appellant has already retired from service. It is also not in dispute
that the advances drawn for construction of the house allotment of the house in
the name of his wife by Housing Board has already been redone.
there is no detriment caused to the State.
he had already retired from service, we think, on the facts and circumstances
of the case, it is not a case for conducting a fresh enquiry as directed by the
Tribunal. The order of the Tribunal is set aside. The Government is directed to
consider his case fur promotion on par with the juniors who were promoted
pending enquiry, and then grant him promotion if he is found eligible with all
consequential reliefs. The Government will also redetermine his notional scale
of pay on the promotional post and pay the arrears of salary and also pension
as if he had retired on promotional post. This action should be taken and
payment made within a period of six weeks from the date of the receipt of is
appeals are accordingly allowed. No costs.