Section 48 in West Bengal Municipal (Employees' Service) Rules, 2010
48. Pay and allowances on reinstatement when the orders of dismissal etc. are set aside by a Court of Law
. (1) Where the dismissal, removal or compulsory retirement of an employee is set aside by a Court of Law, and such employee is reinstated without holding any further inquiry, the period of absence from duty shall be regularised and the employee shall be paid pay and allowances In accordance with the provisions of sub-rule (2) or sub-rule (3) subject to the directions, if any, of the Court.(2)(i)Where ne is not exonerated on merits, the employee shall, subject to the provisions in sub-rule (7) of rule 47 be paid such amount (not being the whole) of pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired, or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine after giving notice to the employee of the quantum proposed and after considering the representation, if any, submitted by him, in that connection, within such period, which in no case shall exceed sixty days from the date on which the notice has been served, as may be specified in the notice.(ii)The period intervending between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement. as the may be, and the date of judgment of the Court shall be regularised in accordance with the provisions contained in sub-rule (5) of rule 47.(3)If the dismissal, removal or compulsory retirement of an employee is set aside by the Court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be.(4)The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.(5)Any payment made under this rule to an employee on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of reinstatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the employee.
