R. PARANGUSAM ETC.
v.
CHIEF ELECTRICAL INSPECTOR AND ANR.
JULY 22, 1996
[K. RAMASWAY AND G.B. PATTANAIK, JJ.]
Se1vice La1v--{~01111ntlso1y rctire111ent-Order set aside b.v Tribunal and
111atter ren1ittcd lo (/ni,'crJvncnt for conducting enqui1y ajtcr giving oppo1tu11ity
B
to employce--Orde1s for flxarion of pension-Held in vieiv of !he facl tlwr
employee had already re/ired direction for fresh enquily was not called C
for-Order of T1ibunal set asid~Dircclion to consider eniployee's pron1otion
at par }'Vi th juniors pronzoted during enquily--lf found eliJ,rible pronzotion
should he granted ivith consequential benefits.
CIVIL APPELLATE .TURJSDICTION: Civil Appeal No. 9863 of
1996 Etc.
D
From the Judgment aml Order datet! 18.12.92 of the Tamil Nadu
Administrative Tribunal, Madras in 0.A. No. 2423 of 1990.
C.S. Vaidyanathan for the Appellant.
V. Krishnamurthy for the Respondents.
The following Order of the Court was delivered :
Delay condoned.
Leave granted.
We requested Shri C.S. Vaidyanathan, learned senior counsel to
assist the appellant. We have heard the arguments for the State and also
E
F
Mr. C.S. Vaidyanathan. The Tribunal in the impugned order, while setting G
aside the order of compubory retirement from service, remitted the matter
to the Ci-ovcrn1nent to conduct the enquiry afresh after giving opportunity
to the appellant and based thereon to pass appropriate orders for fixation
of the pension etc. It is not in dispute that the appellant has already retired
fron1 service. It is also not in dispute that the advances dra\vn for construc-
tion of the hou~e, allot1nent of the house in the name of his wife by Housing H
801
802
SUPREME COURT REPORTS [1996} SUPP. 3 S.C.R ..
A Board has already been redone. Consequently, there is no detriment
caused to the Stale. Since he had already retired from service, we think,
on the facts and circumstances of the case, it is not a case for conducting
a fresh enquiry as directed by the Tribunal. The order of the Tribunal is
set aside. The Government is directed to consider his case for promotion
B on par with the juniors who were promoted pending enquiry, and then
grant him promotion if he is found eligible with all consequential reliefs.
The Government will also redetermine his notional scale of pay on the
promotional post and pay the arrears of salary and also pension as if he
had retired on promotional post. This action should be taken and payment
made within a period of six weeks from the date of the receipt of this order.
C·
The appeals arc accordingly allowed. No costs.
T.N.A.
Appeals allowed.
Lex