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1986 (8) TMI 12

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....on was one whereunder, the appellant-original petitioner challenged the termination order dated April 21, 1981, issued to him by the 1st respondent purporting to act under rule 24 of the Service Rules. By an amendment made at the stage of appeal, the appellant has impugned the vires of the said rule on the ground that it is inconsistent with article 14 of the Constitution of India and hence ultra ....

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....nuous service from April 21, 1981, till reinstatement must follow. At this stage, the advocate for the appellant and counsel for the 1st respondent have brought to our attention the fact that on April 30, 1980, the appellant was directed to stand transferred to New Delhi. This order has not been challenged in the writ petition and, therefore, the order would still be effective. Accordingly, it is....

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....o be paid to the appellant under this order should be reduced to the round figure of Rs. 21,000. It is made clear that, although unnecessary to do so, the full back wages would include all allowances and if the appellant resigns today, the terminal benefits have to be computed as if the appellant was in service till today. On inquiry made with Mr. Damania, he states that the appellant would be en....

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....ania states that it will take some time for the 1st respondent to make calculations and effect payment and states that the 1st respondent should be given time up to October 15, 1986, to effect the payment, the period sought for being not unreasonable. Accordingly, we direct that the payment of amount under our order both by way of full back wages and terminal benefits should be made on or before O....