VidhiSangh

Supreme Court of India · 06/09/2024

ANANTDEEP SINGH versus THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH & ANR.

[2024] 9 S.C.R. 135 · 2024 INSC 673

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Summary

On a miscellaneous application by a probationer judicial officer whose termination the Court had set aside in 2022 while asking the Full Court to reconsider, the Supreme Court held that setting aside a termination order deems the employee to be in service, so he should have been taken back before the fresh decision. It awarded full salary from its 2022 judgment until the fresh termination order of 02.04.2024 and 50% back wages for the earlier period, leaving the fresh Full Court resolution and termination order to be challenged before the High Court.

Issues

  1. Whether, after the Supreme Court set aside the termination order and requested the Full Court to reconsider, the High Court and State were bound to take the appellant back into service pending reconsideration.
  2. What back wages the appellant was entitled to for the period after the original termination and until the fresh termination order.

Provisions considered

Held

Result

Miscellaneous application disposed of: full salary from 20.04.2022 to 02.04.2024 and 50% back wages from 18.12.2009 to 19.04.2022, with benefits as if in continuous service; liberty to challenge the fresh resolution and termination order before the High Court.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 135.