Gopal Dutt Shukla vs Bihar State Road Transport Corporation and Ors

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 9868 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 13032 OF 2017]

GOPAL DUTT SHUKLA Appellant (s)

VERSUS

BIHAR STATE ROAD TRANSPORT CORPORATION AND ORS Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant is aggrieved by the denial of

service benefits for the period between 08.10.2004,

the date on which the order on compulsory retirement

was passed, and 28.11.2007, the date on which the

order of compulsory retirement was set aside and

reinstating him in service.

3. We have heard the learned counsel appearing for

the appellant as well as the learned counsel

appearing for the Corporation. The original order of

compulsory retirement imposed on the appellant on Signature Not Verified

08.10.2004 having been set aside on 28.11.2007, the Digitally signed by JAYANT KUMAR ARORA Date: 2018.10.06 12:35:03 IST Reason:

appellant would normally have been entitled to all

the consequential benefits. But the fact remains 2

that he has not actually worked from the date of

punishment imposed on him i.e. from 08.10.2004 till

reinstatement pursuant to the order dated 28.11.2007.

4. Therefore, the respondents are directed to treat

the service of the appellant between the date of

compulsory retirement and the date of reinstatement

pursuant to the order dated 28.11.2007 as continuous

for all purposes, except for the actual wages.

5. In view of the above, the appeal is disposed of.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ SANJAY KISHAN KAUL ]

New Delhi;

September 24, 2018.