National Hydroelectric Power Corp. Ld. & or Vs. V. P. Gupta & ANR. [2009] INSC 934 (4 May 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3469 OF 2009 (arising out of SPECIAL LEAVE PETITION (C) NO.10645/2008) NATIONAL HYDROELECTRIC POWER CORPORATION LTD. & ORS. ....APPELLANTS VERSUS ORDER Leave granted.

This appeal by special leave is directed against the judgment and order dated 22nd January, 2008 passed by the Punjab and Haryana High Court in Civil Writ Petition No.10758 of 2006 filed by the respondent herein. The High Court allowing the writ petition and setting aside the orders passed by the authorities, directed that the writ petitioner would be entitled to all the consequential benefits as a result of setting aside of the order of removal passed against him. High Court had granted full backwages to him. It has been submitted before us that other service benefits, which he is entitled for after retirement, have already been given.

In that view of the matter, we are of the opinion that only order that can be passed in this appeal is to modify the back wages granted to the respondent.

Accordingly, we modify the impugned order and direct to pay 30 per cent of the backwages to the respondent.

contd. The appeal is accordingly disposed of with no order as to costs.

Interim order granted by this Court stands vacated.

............................J. (TARUN CHATTERJEE)

............................J. (H.L. DATTU)

NEW DELHI,

MAY 4, 2009.

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