2005 (1) TMI 412

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....1. The present application has been filed under rules 308 and 309 of the Companies (Court) Rules. The applicant in the present case was appointed as an additional staff in the post of Junior Assistant in the office of Official Liquidator. On certain complaints, he was suspended from the service with effect from 1992. There was also a criminal prosecution lodged against the applicant. However, in t....

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.... therefore, filed by the applicant for re-fixation of pay scale by including the increments which have been granted to the other similar continued staff in the cadre of Junior Assistant. It is the contention of the applicant that on his reinstatement, he should be given a regular pay-scale which otherwise he would have been entitled to but for his suspension. 2. It is contended by the applicant....

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....t be extended to the applicant. The learned Official Liquidator has contended that even if an employee is under a long leave then is such event-when he resumes, he cannot be given increment in the pay scale which other staff enjoyed during the period in service. 4. I have considered the rival submissions. I find that the contention raised by the learned Official Liquidator is devoid of any meri....

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....fits be denied to him without a proper departmental enquiry and inflicting the punishment in respect thereof. In view of the fact that there is no punishment inflicted on the applicant in the regular course of departmental enquiry, the applicant is entitled to all benefits of increments which is entitled to all benefits of increments which is granted to other employees working on the same post. In....