Rakesh v. The Presiding Officer And Others
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State of Haryana and others, bearing LPA No.1203 of 2021, decided on 01.03.2023.
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Learned State counsel, however, submits that the appellant had been granted an adequate compensation of Rs.2 lakhs which does not warrant any interference by this Court.
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xxxx However, keeping in view the fact that at this point of time, it would not be justified to put him back in service since a period of almost 25 years has gone by and therefore, it would be just and appropriate to award compensation to the tune of Rs.2,50,000/- on an average of Rs.50,000/- per year, keeping in view the fact that the State had taken his service for more than 5 years with the same office in different districts. 7.
The Apex Court in Haryana Urban Development Authority Vs. Om Pal, (2007) 5 SCC 742 had granted Rs.25,000/- for the service of one year whereas in Uttaranchal Forest Development Corporation Vs. M.C.Joshi, (2007) 9 SCC 353, for a period of 2 years, a sum of Rs.75,000/- was granted. Similarly, in Asst.Engineer, Rajasthan Development Corporation & another Vs. Gitam Singh, 2013 (1) SCR 679, the said view was followed while noticing that the service was of
8 months and thus, compensation of Rs.50,000/- was granted. Similarly, in Management, Hindustan Machine Tools Ltd. Vs. Ghanshyam Sharma, 2018 (18) SCC 80, for a period of one year, compensation of Rs.50,000/- had been granted. In K.V.Anil Mithra & another Vs. Sree- Sankaracharya University of Sanskrit & another, 2021 (4) SCT 415, for a period of little over 4 years, amount awarded was Rs.2,50,000/- in lieu of the reinstatement and backwages of 50% which was granted and accordingly, modified."
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!!4$- #0# as full and final settlement and the same shall be paid within a period of 02 months from the date of receipt of certified copy of this order, failing which, the appellant would be entitled to interest @ 8% per annum from the date of award till the date of actual payment.
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