In cases of wrongful termination of service, reinstatement with continuity of service is the only normal rule

Bail Application

Himachal Pradesh High Court: A Division Bench comprising of Surya Kant, CJ and Ajay Mohan Goel, J. declared that even if there was a delay in approaching the authorities, the Court shall balance out the equities while giving a decision.

An order was passed by Himachal Pradesh Administrative Tribunal whereby the petitioners through their counsels Ashok Sharma, Advocate General, with Mr. J.K. Verma and Mr Ranjan Sharma, Additional Advocate General have been directed to count the services of respondent and confer the Work Charge Status upon him on completion of eight years continuous service with financial benefits.

The respondent was engaged as a Daily Waged Beldar for thirty days. In the next year 1994, he worked for 257 days but he allegedly did not work in the year 1995. Further, there was an order for his retrenchment from service which he contended before the tribunal to be bad in law pursuant to which he was re-engaged plus his services were regularized.

The Court was of the view that once the termination of services of the respondent was found bad in law, the only consequence, which is bound to fall upon, is that he would be deemed to be continuing in service and thus no interference in the order of the tribunal was called for.[State of H.P v. Tikkam Ram, 2018 SCC OnLine 1749, decided on 10-12-2018]

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