Asha Ram Yadav v. Madhya Pradesh Madhya Kshetra Vidyut Vitaran Company Ltd. (MPMKVVCL)
2022-02-21
B.V.NAGARATHNA, M.R.SHAH
body2022
DigiLaw.ai
ORDER : 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh at Gwalior in WA No.529 of 2020, by which the appellant is denied the back wages for the period between 11.2.2020 till he was reinstated in service, the original writ petitioner has preferred the present appeal. 3. Having heard the learned counsel for the respective parties and considering the fact that the services of the appellant were terminated on his conviction by the learned .Trial Court vide order dated 11.2.2000 and thereafter the appellant came to be acquitted by the High Court vide judgment and order dated 29.1.2009 and therefore the State ought to have reinstated the appellant immediately on his acquittal by the High Court. Instead the appellant was constrained to file the writ petition before the High Court bearing Writ Petition No.2270/2009 seeking reinstatement on his acquittal and thereafter the High Court disposed of the writ petition by order dated 15.5.2009 and only thereafter the appellant was reinstated vide order dated 4.11.2009. At least the appellant shall be entitled to the back wages for the period from the date of acquittal by the High Court till the reinstatement. In that view of the matter, the present appeal is allowed in part. The impugned judgment and order passed by the High Court is modified and it is directed that the appellant shall be entitled to the back wages for the period between the date of acquittal by the High Court till actual reinstatement with 9% interest. The aforesaid shall be paid to the appellant within a period of four weeks from today. 4. The present Appeal is partly allowed to the aforesaid extent with cost, which is quantified as Rs.5,000/- to be paid by the State to the appellant along with interest as observed hereinabove.