Sumer Singh v. Union Of India & ORS

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6236/2014 SUMER SINGH ..... Petitioner Through:

Mr. Buddy A. Ranganadhan & Ms. Anchal Arora, Advocates

Versus

UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Monika Arora, Advocate for respondent No.2-JNU

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 30.01.2018 In this petition, petitioner claims parity with Prakash Deo Singh (P.D.Singh) to seek reinstatement as peon in respondent- University with back wages in terms of decision of a Coordinate Bench of this Court in W.P.(C) 665/2008, P.D.Singh Vs. UOI & Ors., rendered on 31st October, 2012.

Vide impugned order of 7th November, 2007 (Annexure P-5), petitioner as well as Prakash Deo Singh (P.D.Singh ) were terminated. A coordinate Bench of this Court in P.D.Singh (Supra) has set aside the aforesaid order of 7th November, 2007 (Annexure P-5) qua P.D.Singh and directed his reinstatement in service with consequential benefits with the rider that such employee would be entitled to 50% of the back wages. W.P.(C) 6236/2014

Since it is not in dispute that the case of petitioner is at par with the case of P.D.Singh (Supra), therefore, a mandamus is issued to second respondent to reinstate petitioner in service if the vacancy still exists or in the alternative, to adequately compensate petitioner in monetary terms. So far as back wages are concerned, petitioner would be entitled to 50% of back wages, as has been already granted in the case of P.D.Singh (Supra).

With aforesaid directions, this petition is disposed of. (SUNIL GAUR) JUDGE JANUARY 30, 2018 r W.P.(C) 6236/2014