1993 (9) TMI 357 - SC - Indian Laws

Court recognizes effective appointment date, orders seniority benefits, pension calculation from specified date.

The Court held that the appellant's appointment was effective from a specified date as per the Board's order. Despite the appellant's continuous service, ... - Issues involved: The appeal against the judgment of the Punjab and Haryana High Court dismissing the writ petition in limine.Details of the Judgment:Issue 1: Termination and RegularizationThe appellant was initially appointed as a T-Mate and later as a shift attendant on a regular basis. His services were terminated on two occasions, which he did not challenge. Subsequently, he was appointed on an ad hoc basis and then on daily wages. The appellant sought regularization and challenged the termination orders.Issue 2: Board's Order and InterpretationThe Board considered the appellant's case and directed the withdrawal of termination orders, granting him relaxation in age for first entry into service. The appellant claimed entitlement to seniority and benefits from a specific date. The Court analyzed the Board's order and clarified the effective date of the appellant's appointment.Issue 3: Equitable ReliefThe Court noted the appellant's delay in challenging the termination orders and emphasized the need to interpret the Board's order holistically. While the appellant sought benefits from an earlier date, the Court determined the effective date of his appointment based on the order's language. The Court granted limited relief regarding pension, gratuity, and salary calculation.Conclusion:The Court held that the appellant's appointment was effective from a specified date as per the Board's order. Despite the appellant's continuous service, his entitlement to seniority and benefits was restricted. The Court directed the calculation of pension and salary from a designated date, emphasizing the appellant's seniority from that point onwards. The appeal was disposed of with no costs incurred.