Rahul Bhardwaj v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH



CWP No.18190 of 2008 Date of Decision:08.12.2023 Rahul Bhardwaj ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Sunil Kumar Sharma, Senior Panel Counsel for the applicant-respondents-Union of India Mr. Charanpreet Singh, Advocate for the non-applicant-petitioner *** JAGMOHAN BANSAL, J. (ORAL) 1.

The applicant through instant application is seeking recalling of order dated 16.03.2023 passed by this Court in CM-9783-2020. The main petition was disposed of vide order dated 03.05.2019. In para 17 of the order, it was specifically mentioned that petitioner would be reinstated without back wages for the period he remained out of service. 2.

By way of order dated 16.03.2023, the petitioner has been extended service benefits with effect from the day he was terminated as well as financial benefits along with interest @ 6% per annum. 3.

Learned counsel for the applicant submits that prayer of the present application is confined to wages because in the original order, it was specifically mentioned that petitioner shall not be entitled to any back

CWP No.18190 of 2008



wages. Para 17 of the order dated 03.05.2019 passed by this Court which adverts with question of back wages reads as:- "17. Consequently, respondents are directed to reinstate the petitioner without any back-wages for the period he remained out of service, subject to his being found medically fit after taking the requisite fitness test." 4.

From the perusal of above quoted para, it is evident beyond the pale of doubt that the petitioner was ordered to be reinstated without back wages for the period he remained out of service. The petitioner may be granted consequential or any other benefits arising on account of reinstatement, however, he cannot be granted back wages in view of the fact that aforesaid findings of this Court have not been disturbed by any Higher Court.

5.

Learned counsel for the non-applicant-petitioner submits that petitioner may not be granted back wages in view of order dated 03.05.2019, however, he is entitled to all other consequential benefits arising on account of his re-instatement and respondents till date have not released consequential benefits.

6.

Learned counsel for applicant-Union of India submits that order dated 16.03.2023 may be modified to the extent of back wages and respondents would release all other consequential benefits of the nonapplicant-petitioner, within three months from today. 7.

In the wake of statements of both sides, the application is allowed to the extent that non-applicant-petitioner shall not be entitled to back wages, however, he shall be entitled to all other consequential benefits

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and respondents shall release the same within three months from today. The application stands disposed of.

(JAGMOHAN BANSAL) JUDGE 08.12.2023 paramjit Whether speaking/reasoned: Yes/No